Top

If You Disagree with the Wording of Your Mediated Settlement Agreement

Illustration of a Texas mediation scene with a mediator and two disputing individuals discussing a divorce settlement agreement.

I want to help you obtain the most favorable outcome possible in your case.

  • Contact me today for a FREE case strategy meeting.
  • Available in-person, by phone, or by video.
Brett Pritchard Law

Most Texas divorces are settled out of court, and many couples go through the mediation process to make this happen. When mediation is successful, meaning the divorcing couple can negotiate terms they are each willing to sign off on, it leads to a mediated settlement agreement that both spouses must sign before the court will issue the final divorce decree.

If the language of the mediated settlement agreement does not accurately reflect the terms you agreed to, it’s essential to address the issue before you end up with terms that don’t work for you or fail to protect your rights. Working closely with an experienced Round Rock divorce attorney is always in your best interest.

Speak with a knowledgeable Round Rock divorce lawyer to protect your rights during every stage of your divorce.

How Mediation Works

If you and your divorcing spouse, under the legal guidance of your respective attorneys, can negotiate the applicable divorce terms between yourselves, you may skip mediation altogether and move directly to an uncontested divorce. If not, you’ll likely proceed to mediation, which helps many couples find the middle ground they need to avoid court.

The Mediation Process

At mediation, you and your divorce attorney and your spouse and theirs will meet with a professional mediator, who acts as a neutral third party. The mediator goes back and forth between the two of you to help explore possible paths forward—building on any compromises you’ve already reached.

If you agree on terms, those terms will be included in a mediated settlement agreement. You and your spouse must then review and sign the agreement, which the court must approve to finalize your divorce decree. A skilled Round Rock divorce attorney can guide you through reviewing and finalizing your agreement.

The Benefits of Mediation

Mediation affords considerable benefits for many divorcing couples. The highlights include all the following:

  • It bolsters privacy. When a divorce goes to court, the record is generally a matter of public information.

  • It can help keep the case less emotionally charged, which often translates to being less time consuming and less expensive.

  • It keeps decision-making authority between the two spouses. Mediation is only legally binding when both spouses sign off on the terms negotiated, which makes carefully reviewing the mediated settlement agreement that you ultimately sign important.

One of the primary reasons couples choose mediation over court is that they’re not overly enthused about having a complete stranger make important decisions that directly affect their parental and financial rights.

If the Final Wording Isn’t an Accurate Reflection of Your Negotiations

If the wording used in your mediated settlement agreement isn’t an accurate reflection of the terms you agreed to at mediation, it’s time to speak up – before they become the basis of your final terms. Discuss the matter with your focused divorce attorney as soon as you recognize that there’s a concern.

When the Mediated Settlement Agreement Becomes Legally Binding

Your mediated settlement agreement will become legally binding at the point that each of the following applies:

  • The agreement document includes a prominently displayed statement, in capital letters or boldface type, that the agreement is not subject to revocation.

  • The document is signed by both parties to the agreement.

  • The document is signed by each party’s attending attorney, if involved in the mediation process.

When these three conditions are met, the court will enter a judgment that’s based on the mediated settlement agreement – unless a statutory exception like fraud, duress, or violation of public policy applies.

It’s important to note, however, that the final drafting of the final divorce decree must be signed by both of you, and you are well advised to carefully review the language used.

Challenging Your Divorce Decree’s Language before You Sign It

Your mediated settlement agreement outlines the agreed-upon divorce terms, but the court must translate these into legally enforceable language. That makes reviewing your final divorce decree essential. Let a knowledgeable Round Rock divorce lawyer help you ensure your decree reflects your agreement.

If the Decree Misinterprets, Expands on, or Alters Your Terms

If you determine that the wording of your divorce decree isn’t an exact reflection of the terms you agreed to in mediation, you are entitled to challenge it before the court finalizes the matter.

Common concerns include when the language used is a misinterpretation of the terms you agreed to, when the language used expands on the terms you agreed to, or when the language used alters the terms you agreed to.

If You Can’t Resolve the Matter between Yourselves

If you and your divorcing spouse can’t reach an agreement on the matter of the language used in your divorce decree, your spouse can request that the court enter the final divorce decree exactly as it’s been written.

You, however, will retain the right to request a hearing. Due process in the State of Texas affords you the right to be heard before a judgment can be entered in your contested case.

In Order to Challenge the Language Used

In order to challenge the language used in your divorce decree, you’ll need to give proper notice, which will lead to a hearing – at which you can seek appropriate changes. This ensures that you have the right to challenge the language used in your divorce decree – even when it’s intended to reflect your mediated settlement agreement.

You should know, however, that successfully challenging the court is a legally complex matter, and having a knowledgeable Round Rock divorce attorney backing you up is always advised.

Due Process: The Right to Notice

Due process refers to the systems that are in place to help ensure that legal actions on the part of the state are fair and follow the established rules. Your due process rights in this context include that you are entitled to receive notice regarding the settling of your divorce case.

In Texas, it’s established that, even when a mediated settlement agreement is in place, legal judgment does not follow as a matter of course.

If you don’t agree with the wording of your mediated settlement agreement or of how it’s been interpreted in your final decree, you have the right to argue your position and to take advantage of all available statutory defenses.

If your final divorce decree is signed without affording you proper notice and the right to a hearing, which amounts to a violation of your due process, you can challenge the matter and potentially reverse it on appeal.

Your Options

If you disagree with the wording of your divorce decree, you have several basic options.

Resolve the Matter between Yourselves

If you don’t think the language in your final divorce decree accurately reflects the agreements you and your spouse reached in mediation, you can take the matter back to the bargaining table. You came to an agreement before, and there’s a good chance you can edit the wording in your decree to be a better representation of the terms you actually agreed to.

If your soon-to-be ex simply isn’t interested – or motivated – to do so, however, you’ll need to dig deeper.

File a Written Objection

You have the option of filing a written objection to the proposed divorce decree with the court. In your written objection, you’ll need to achieve both the following:

  • An accurate and convincing outline of the intent behind the terms established in your mediated settlement agreement

  • An accurate and convincing explanation of how the wording of your divorce decree fails to accurately reflect this intent

This is a matter that your seasoned divorce lawyer will be well prepared to ably handle.

Request a Hearing

If your spouse submits the proposed final decree that you are not in agreement with, you have the right to request a hearing prior to the point that the presiding judge signs off on it. Finally, if your divorcing spouse attempted to get the proposed final decree through the court without affording you proper notice, you can challenge the matter based on your right to due process.

If the Final Decree Has Already Been Signed

Once the decree is signed, your options are limited. Texas courts typically won’t modify a signed decree unless there is a serious legal error, fraud, or a due process violation.

In essence, unless you were denied proper notice or the chance to object, changes to a signed decree are unlikely.

The Terms of Your Divorce

When it comes to the language of your final divorce decree, it’s important to have a solid understanding of the divorce terms that apply to your case.

The Division of Marital Assets

In Texas, the assets that you and your spouse acquired over the course of your marriage are considered community property, which means that everything belongs to both of you. In the event of divorce, these assets must be divided between you in a manner that is considered just and right – or fair given the circumstances.

Anything that either of you owned prior to marriage and that you kept strictly separate while you were married remains the separate property of the original owner. There are, however, a wide range of circumstances that can weaken a spouse’s claim to separate property.

Finally, it should be noted that Texas begins with the presumption that all assets are marital, and in order to claim that something belongs to you alone, you’ll need to prove its separate nature.

Child Custody Arrangements

Legal and physical custody make up the child custody arrangements in Texas. Legal custody relates to making primary parenting decisions like the following:

  • Your children’s health care

  • Your children’s education

  • Your children’s religious education

  • Your children’s participation in extracurricular activities

Physical custody, on the other hand, sets the parenting time schedule. Because the State of Texas is motivated by the children’s best interests and because this translates to spending a good deal of time with each parent, both physical and legal custody are frequently shared.

One parent may, however, have the authority to break a tie when it comes to legal custody, and one parent may assume the primary custodial role, or have more overnights with the kids, when it comes to physical custody.

Child Support

Both parents are required to continue supporting their children financially post-divorce, and child support in Texas is calculated according to the state’s careful guidelines. This means that the parent who is the higher earner usually makes child support payments to the other parent, and sharing parenting time equally generally doesn’t alter this fact.

Alimony

Alimony – or spousal maintenance – in Texas is reserved for highly specific circumstances. To begin, the divorce must leave one spouse without the financial means to cover their own reasonable needs while the other spouse has the financial ability to help.

Look to an Experienced Round Rock Divorce Lawyer for the Skilled Legal Counsel You Need

Brett Pritchard at The Law Office of Brett H. Pritchard is a proactive divorce attorney who is committed to fiercely advocating on your behalf until your divorce terms accurately reflect your parental and financial rights.

For more information about what we can do to help you, please don’t hesitate to contact us or call us at 254-501-4040 to schedule your free consultation today.

Related Reading

Categories: 
Related Posts
  • If Your Spouse Has Simply Disappeared Read More
  • Divorcing with a Sizeable Estate when You’re Not Clear on the Financial Details Read More
  • What Not to Fight Over in Your Divorce Read More