Divorce is a complex process, especially for those with significant assets. When high net worth is involved, the concerns often go beyond just child custody.
In the video, Attorneys Tyler Monahan and Heather Ogier of Turner-Monahan PLLC discuss the intricacies of partial-mediated settlement agreements and how they can play a crucial role in these situations. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Partial Mediated Settlement Agreements
A partially mediated settlement agreement allows parties to agree on some issues while leaving others unresolved for the court to decide. In high-net-worth divorce cases, these agreements are often split into two categories:
- Property Division: Both parties agree on how to split assets.
- Child Custody and Support: The couple may struggle to agree on child-related matters.
Common Scenarios
In my experience, it’s rare to find a situation where a couple agrees on most child-related issues but needs court intervention for one specific matter. Typically, the agreement is either:
- Fully Property-Based: The parties agree on property division but can’t settle on child custody.
- Entirely Child-Related: They reach a consensus on custody but not on property division.
Court Involvement
When couples cannot resolve their disputes, they often end up in court for the entire matter, especially if it’s solely about property. However, each divorce is unique, and outcomes largely depend on the parties’ willingness to compromise and their priorities.
Not a One-Size-Fits-All Solution
No two divorces are alike, and partially mediated settlement agreements offer flexibility for couples. What matters most is identifying which issues can be settled amicably and which require court intervention.
Texas Family Code: Key Statutes in High Net Worth Divorce Mediation
The Texas Family Code provides guidance for mediating and resolving family law disputes:
Section 6.602 – Mediation Procedures:
According to Section 6.602(b), a mediated settlement agreement (MSA) is binding if it:
- Includes a prominently displayed statement that the agreement is not subject to revocation.
- Is signed by each party and their attorney, if present.
A party may file a written objection to mediation if family violence has occurred. In such cases, the court may only refer the suit to mediation if a hearing finds that the objection lacks sufficient evidence. During mediation, measures must be taken to protect the victim’s safety.
Section 153.0071 – Alternative Dispute Resolution Procedures:
This section specifically applies to child custody disputes. An MSA regarding child custody or support is binding and may be submitted to the court for approval. The court must enforce the agreement unless:
- A party was a victim of family violence.
- The agreement endangers the child’s physical or emotional well-being.
A party can object to mediation if family violence has occurred, and the court must ensure their safety during mediation.
Read more about Who Is Allowed To Attend A Mediation? here.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
High net worth divorce cases present unique challenges, but partially mediated settlement agreements provide a useful framework for reaching a consensus. It’s crucial to recognize that each case is different and requires a tailored approach to achieve the best outcome.
Turner Monahan PLLC can help you find the right strategy, providing experienced guidance to resolve property division, custody issues, and other disputes with a personalized approach.Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Are The Different Grounds For Divorce That Are Recognized In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Is the Discovery Process in Legal Cases?
- How Does Real Estate Factor Into High Net Worth Divorces?
- Important Considerations in a High-Net-Worth Divorce
- How Does a Father File a Paternity Suit to Prove Paternity?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
