Key Takeaways:
- Rule 11 of the Texas Rules of Civil Procedure allows parties in a lawsuit to document agreements in writing so they’re clear, trackable and enforceable.
- In Texas divorce and custody cases, Rule 11 agreements help clarify temporary or practical issues—like releasing funds, paying bills, or adjusting visitation—without repeated court hearings.
- A Rule 11 agreement must be in writing, signed, and filed (or stated in open court) to be enforceable, and child-related terms must be approved by the judge under Texas Family Code § 153.007.
- Either party can revoke a Rule 11 agreement until a judge signs it into an order, so attorneys often move quickly to convert them into court orders or mediated settlement agreements.
- While not every case needs one, a Rule 11 agreement can provide clarity, accountability, and flexibility—helping families resolve issues faster and avoid unnecessary courtroom battles.
Rule 11 of the Texas Rules of Civil Procedure allows participants of a civil lawsuit to come to a formal agreement (Rule 11 agreement) that addresses specific issues pertaining to their case. Rule 11 agreements can come in handy during a divorce or custody case when the parties want to clarify practical or hot button issues, but it’s generally best to seek legal guidance to execute a Rule 11 agreement in Texas and ensure it is legally enforceable in court.
Brief Summary:
If you’re going through a Texas divorce, your lawyer may have mentioned a Rule 11 agreement—but what does that really mean? In this post, family law attorney Justin Sisemore of the Sisemore Law Firm breaks down how Rule 11 agreements work, why they’re often used in divorce cases and what to know before signing one. Learn when these agreements are binding, revocable, and enforceable, and how they can help you avoid unnecessary court battles while protecting your rights under Texas law.
What is a Rule 11 agreement in Texas law?
A Rule 11 agreement is based on Texas Rule of Civil Procedure 11. Rule 11 agreements are a procedural tool used by parties involved in a civil lawsuit to formally document logistical and/or pressing issues that have been hashed out during oral negotiations. These agreements can cover minor issues, like which party will pay the utility bills, as well as major issues like allowing a party access to investment accounts to purchase property.
Why Rule 11 agreements matter in Texas divorce cases
Due to the high emotional stakes and how quickly circumstances change during divorce, Rule 11 agreements are often used to provide clarity during Texas divorce and child custody cases. With a Rule 11 agreement, Texas divorce attorneys also have a tool to create accountability for the parties involved. They provide a paper trail that can be helpful because people don’t always remember what they’ve agreed to or honor their word when they do.
From a practical perspective, a Texas Rule 11 agreement can also be used as a problem-solving tool to address day-to-day needs. Whether that means releasing funds to pay bills, resolving issues related to child custody or prohibiting a party from using community funds to purchase property.
In a nutshell, Texas Rule 11 agreements can help provide the flexibility, clarity and accountability people need during a divorce or custody dispute.
How is a Rule 11 agreement used in Texas divorce cases?
An agreement based on Rule 11, Texas Rules of Civil Procedure can be used to facilitate or prohibit a variety of actions during a Texas divorce. Four common reasons divorcing couples and their attorneys use Rule 11 agreements include:
1). To create or modify custody orders. In Texas, a Rule 11 agreement can be used as the underlying document that paves the way to temporary custody orders. Conversely, if you already have temporary orders in place, you can use a Rule 11 agreement to resolve issues that either contradict or haven’t been covered in existing temporary orders.
2). To address procedural issues. We often use Rule 11 agreements to extend the discovery deadline—the deadline for producing information and documents pertinent to a divorce case (30 days from original date of filing). If a situation comes up where a party needs more time (death in the family, bank was late providing financial documents, etc.), a Rule 11 agreement can be used to get an extension.
3). To address practical issues. As noted above, Rule 11 agreements can be used to formalize who will pay bills or release funds to purchase assets. They can also be used to prevent a party from doing something, like buying a car or taking children out of state for the holidays.
4). To document agreements between attorneys. Sometimes attorneys need to reschedule a hearing or get more time to file a response due to an unavoidable personal issue or emergency. With a Rule 11 agreement, attorneys are able to put any professional courtesies they agreed to in writing.
Rule 11 agreements allow lawyers to use a scalpel instead of a meat cleaver. Along with leaving a paper trail, they enable parties to work through issues without escalating conflict or heading back to court (unless child custody, visitation and access are involved).
What makes a Rule 11 agreement legally binding?
In Texas, a Rule 11 agreement must be in writing, signed by both parties (or their attorneys) and filed as part of the record or presented in open court and entered into the record. However, Texas Family Code Chapter 153 adds another layer of complexity to Rule 11 agreements for family law cases.
Any case involving child custody, visitation or access to a child must be approved by the court in order to be enforceable. The intent here is to ensure the agreement is in the best interest of the child, regardless of whether both parents agreed to it or not. As with any legal document, Rule 11 agreements must also be structured properly in order to be enforceable, so it’s important to review the agreement with an attorney before filing.
Can you get out of a Rule 11 agreement in Texas?
It is possible to challenge a Rule 11 agreement in Texas, but only under specific circumstances. Rule 11 agreements are not enforceable until they are entered into the court records, or approved by the court and filed when the case involves child custody, visitation or access. That means you can back out of a Rule 11 agreement at any point prior to the orders being filed with the court.
In addition, if you can prove you signed the Rule 11 agreement under duress or circumstances have changed drastically since the order was filed, you could ask the court to render the order invalid or seek a modification of the agreement.
At the Sisemore Law Firm, we take every step possible to ensure the Rule 11 agreements we file are as irrevocable as possible. This includes adding the language “binding and not subject to revocation” in the agreement, among other measures. Rule 11 agreements can be enforceable as a contract, but without a judge’s signature on the agreement, they can be revoked or rescinded by either party.
To help protect clients and ensure these agreements stick, we make it a practice to convert any Rule 11 agreements into court orders or mediated settlement agreements as soon as possible.
What does a Rule 11 hearing mean?
If you hear someone say they have a “Rule 11 hearing,” they may be referring to a hearing about the enforceability of a Rule 11 agreement. Technically, there is no such thing as a standalone “Rule 11 hearing” in Texas but Rule 11 agreements can play a role in hearings during a divorce case.
Temporary or final orders hearings
As noted above, it’s critical to have Rule 11 agreements drafted into orders (temporary or final) to help ensure the agreement is enforceable. If a party revokes a Rule 11 agreement before a judge signs off, the parties would then proceed to a temporary orders hearing or final trial, where the judge decides on the terms. The only agreements that cannot be revoked are an Irrevocable Settlement Agreement or a Mediated Settlement Agreement (MSA), which are documents that must meet very specific requirements by law to be irrevocable and binding on all parties and attorneys.
Enforcement action hearings
Rule 11 agreements are usually drafted into an order that is then approved and signed by the judge. That way, if there is a violation of that agreement, a party could file an enforcement action pertaining to those orders.
While there is no literal “Rule 11 hearing” in Texas, these agreements often come up during hearings on temporary orders, final orders and enforcement actions. The best way to protect yourself is to have your Rule 11 agreement drafted into a court order and signed by a judge. This helps ensure it will be enforceable and less likely to result in future disputes.
Should you use a Rule 11 agreement in your Texas divorce?
While it depends on the circumstances, Rule 11 agreements can prove helpful during a Texas divorce. They can be used to quickly clarify terms as to how things will be handled during divorce and as problem solvers, but it is important to turn those terms into specific and enforceable court orders once signed by the parties.
Judges also like them because they help resolve minor issues, so their courts don’t get bogged down unnecessarily. You may want to use a Rule 11 agreement during a Texas divorce to:
- Provide clarity.
- Establish guidelines for day-to-day needs.
- Address financial issues (release funds, prohibit use of funds).
- Keep parties accountable.
- Avoid unnecessary trips to court.
Keep in mind, a Rule 11 agreement can be revoked until it is filed as a valid order, and even then, it can be modified. If you want to ensure your Rule 11 agreement is binding and enforceable, ask your divorce attorney to help you reduce the agreement to orders or into a mediated settlement agreement as soon as possible.
Navigate Rule 11 agreements with confidence with the Sisemore Law Firm
The Sisemore Law Firm helps clients in Dallas / Fort Worth protect their rights through properly structured and enforceable Rule 11 agreements. If you believe you need a formal agreement pertaining to your divorce, we encourage you to seek legal guidance. Our divorce attorneys in Fort Worth are here to help. From temporary to final agreements, we have the experience you need to navigate the complexities of divorce and execute enforceable agreements in the Texas family courts.
Contact us to speak with an experienced Fort Worth divorce attorney today.
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