What Is a Rule 11 Agreement in Texas?

In Texas, Rule 11 of the Texas Rules of Civil Procedure refers to the ability of parties to a court case to create a written agreement that is signed by both of them and file it with the court to make it enforceable.

In the context of divorce, a Rule 11 Agreement is most often used when spouses want to write down the mutual decisions they reached on:

• Property division
• Child custody and support
• Spousal support (alimony)

Where standard court forms may not, fully or at all, cover the abovementioned matters, among others, a Rule 11 Agreement helps spouses detail them in a convenient manner. It does not, however, mean that divorcees can write just about anything in this document.

Some of the specifics to keep in mind when creating a Rule 11 Agreement are:

• The terms you write down should be clear and unambiguous. Vague language opens your agreements to interpretation, which may lead to disputes and complicate enforcement.
• Neither your nor your spouse’s decisions can be forced. Your agreement will not be valid if one of you proves that it was signed under duress.
• Your decisions cannot override laws and policies. For instance, child custody agreements should be made in children’s best interests, and the court will not enforce them if they’re not.
• A Rule 11 Agreement should be incorporated into the final decree to become effective. The judge reviewing your case will ensure the agreement is fair and policy-compliant before validating it.
• It is possible to modify your decisions after they are approved. As long as you and your spouse are in agreement on the changes, you can write them down and file them just as you did the first time.
• Once your agreements are in effect, they become legally binding. There will be repercussions for violations made depending on the severity of the situation.

If you don’t have a lot of experience with legal documents, you may find creating a Rule 11 agreement for your divorce an intimidating process. Yet, if you and your spouse can reach a full agreement, are ready to sign the paperwork, and are planning to file based on no-fault grounds, there is no need to worry. You can get your Rule 11 Agreement prepared for you online. Whether you only need a Rule 11 Agreement or a set of filled-out divorce forms, our service is here to help. Choose the option that suits you best as a pro se filer, and get your documents in just a few simple steps.

Texas Rule 11 Agreement Sample

Given that different couples have different agreements for their cases, there is no single specific sample or template that perfectly suits each situation. Even when you use someone else’s sample as a guide, it is crucial to adjust the terms outlined in the document to match the exact agreements you and your spouse reached. You can review and download the Rule 11 letter template here.

Overall, you may follow these steps to create and use a Rule 11 Agreement during a marriage dissolution in Texas:

1. Reach a compromise with your spouse on all divorce-related matters, such as division of property, custody and child support, and alimony.
2. Complete the Rule 11 Agreement. You can do so on your own, with a lawyer, or by using our online service.
3. Check the document carefully to make sure it accurately reflects your decisions, and sign it with your spouse.
4. File the paperwork with the court when appropriate during the divorce process.

Be sure to follow due process when it comes to other divorce paperwork and procedures.