Just because a written exchange is in accordance with Rule 11 does not mean that it is applicable. It can only be applied if it contains the essential terms. Article 11 refers to circumstances in which an agreement is NOT enforceable. It is not necessary for all of the Agreements under Rule 11 to be applicable. An agreement may contain the requirements of Rule 11 and still cannot be applicable for any other reason. On the other hand, the language of Section 7.006 of the Texas Family Act provides for a review and rejection of pre-divorce agreements on the division of ownership, “unless the agreement is binding in another rule of law.” Although an agreement under this section requires the Tribunal`s agreement, even the finding that the conditions are fair and correct does not render the agreement irrevocable. In Cook v. Cook, the court approved a comparison of real estate after . 7,006, but not divorce. 243 S.W.3d 800, 801 (Tex. App.-Fort Worth 2007, no pet.) (Citation S – A Restaurant Corp. v.
Leal, 892 S.W.2d 855, 857 (Tex. 1995) (authorization of a transaction does not necessarily constitute a transfer from the judgment) The husband argued that he revoked his consent to the agreement prior to the verdict. The Fort Worth court agreed and found that “the verdict that was rendered after a party revoked its consent is not plentiful.” Cook, 243 S.W.3d to 802 (quote S – A Restaurant Corp, 892 S.W.2d to 857). In many cases, there will be disputes over the meaning or interpretation of an agreement within the meaning of Rule 11. In such a controversy, a court will consider a section 11 agreement like any other written contract. The Tribunal`s primary objective in interpreting a written contract is to identify and implement the intentions expressed objectively by the parties in the written act. The terms of the contract have their simple, ordinary and universally recognized meanings, and treaties must be interpreted as a whole in order to harmonize and implement all the provisions of the treaty. Since agreements are governed by contract law under Rule 11, an action to enforce a Rule 11 agreement, for which consent has been withdrawn, must be based on proper documentation and evidence.
A party seeking enforcement must pursue a separate breach of contract law and, as with most contractual claims in Texas, legal fees can be recovered if the movant prevails. This process is also likely to be an expensive consequence, unrelated to the underlying issues. Therefore, the parties should strive to respect the agreements they have entered into under section 11 in order to allow for an effective decision on the issues. Although a Rule 11 agreement “cannot be used as the basis for an agreed judgment if a party withdraws its consent before the court has rendered a judgment,” the attempt to revoke the agreement under Rule 11 may open to a breach of contractual remedies.