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When is a mediated settlement agreement valid in Texas?

On Behalf of | Oct 9, 2023 | Child Custody, Divorce |

After filing the divorce petition, the case can undergo mediation under specific circumstances. If the parties agree to do so in writing, they can mediate various divorce and child custody issues. The court can also order the divorcing couple to go through mediation, requiring them to conclude the procedure with a settlement agreement.

If both parties decide to participate, they should have lawyers to help ensure the agreement’s validity. By the end of mediation, the settlement agreement should meet the following conditions to make it valid:

  • Include a statement declaring the agreement final and irrevocable
  • It must include both parties’ signatures
  • Each party’s attorney, who was present during the mediation, must also sign the document

If the agreement does not have these elements, it might be invalid, making it unenforceable based on the situation. If one or both parties prefer to settle issues in court, they can do so unless the court requires mediation.

Still, one of the parties can object to the court order if they have valid reasons behind their request, such as domestic violence incidents. They could prepare a written objection before receiving the final mediation order from the court.

Objecting to divorce mediation due to family violence

There might be no reference for mediation after filing the objection unless the other party asks for a hearing to oppose the request. If both parties attend the hearing, the objecting party may present supporting evidence concerning the objection.

If insufficient, the mediation could proceed as ordered by the court. However, it might happen with precautions, considering the potential safety risks related to the case. The court could adjust during divorce, allowing mediation to benefit both parties.