If you are going through a contentious divorce or family law dispute in Texas, you may have heard the term “Rule 11 Agreement” thrown around. But what exactly is a Rule 11 Agreement, and how can it affect your case?
A Rule 11 Agreement is a type of binding agreement that is made between the parties involved in a civil lawsuit or family law case. The agreement is named after Rule 11 of the Texas Rules of Civil Procedure, which governs the signing of pleadings, motions, and other court documents.
Under Rule 11, any document filed with the court must be signed by the attorney or party and must certify that the filing is not being presented for an improper purpose and that the factual contentions and legal arguments are warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law.
When parties in a lawsuit or family law case enter into a Rule 11 Agreement, they are essentially making a binding contractual agreement that is subject to the scrutiny of the court. The agreement must be in writing, signed by the parties, and filed with the court.
Once a Rule 11 Agreement has been signed, it becomes binding on the parties and is enforceable by the court. This means that if one party breaches the agreement, the other party can seek relief from the court, including sanctions or damages.
In family law cases, Rule 11 Agreements are often used to resolve issues such as child custody, visitation, and support. For example, the parties may agree to a custody arrangement that deviates from the standard possession order set forth in the Texas Family Code, or they may agree to a specific amount of child support that varies from the statutory guidelines.
Rule 11 Agreements can be a useful tool in resolving complex family law disputes. They allow parties to have more control over the outcome of their case and can often result in a faster and more amicable resolution. However, it is important to consult with a qualified family law attorney before entering into any binding agreement to ensure that your rights and interests are protected.
In conclusion, a Rule 11 Agreement is a binding agreement made between parties in a civil lawsuit or family law case, subject to the scrutiny of the court. These agreements can be a valuable tool for resolving complex family law disputes, but it is important to seek the advice of a qualified attorney before entering into any binding agreement.