Verbal agreements in Texas exist and are considered honorable. However, this only applies in situations such as contracts where the two parties have a mutual reciprocity regarding the contract. There is, however, a different view of verbal or oral agreements during divorce.
In our video, Atty. Tyler Monahan stresses that there is no way to enforce any prior agreements without the intervention of the court.
For this post, we will take a look at the nature of verbal agreements, what an immediate settlement agreement is, and what you can do if your ex-spouse doesn’t honor your previous oral agreement.
Nature of Verbal Agreements During Divorce in Texas
There is a reason why the court discourages couples undergoing divorce from creating a prior verbal agreement.
The nature of verbal agreements during a divorce in Texas is that it is easily contradicted. Divorce, by itself, is already full of disagreements. In fact, there is a lot of back-and-forth of a “he said… she said…”
This “he said… she said…” conflict is what brings about the danger of relying on verbal agreements during a divorce in Texas.
To re-emphasize what had been said in the video, settlements could be recognized through the final divorce decree or through an immediate settlement agreement.
What is an Immediate Settlement Agreement?
An immediate settlement agreement is a great way to enforce what the couples have agreed upon following a mediation. It is immediate because the court can order its enforcement without having to wait for the final divorce decree.
The Texas Family Code statutes Chapter 153, Section 153.0071 provides necessary details regarding dispute resolution procedures.
According to the Texas Family Code, the settlement agreement must be written and should be agreed upon by the two parties. It is binding and is characterized by the following:
- The document must bear the subject of what is being agreed upon in boldface type or capital letters or underlined. This will not be subject for revocation or cancelled.
- The document bears the signature of the two parties.
- The signature of the person who bore witness to the signing of the agreement, which is usually a divorce attorney.
My Ex-Spouse and I had a Previous Agreement About Children Custody and Property Division but He Didn’t Want it Honored, What Can I Do?
Given that an immediate settlement agreement is the safest way to ensure that a prior verbal agreement will be honored, what can you do if the other party decidedly wants it revoked?
When it comes to property division and children custody, the party could create documentation of their conversations which could help you create a case against the other party.
Again, the most important thing to do when you’re going through a divorce and there are prior verbal agreements that you would like to have enforced, is to formally create an immediate settlement agreement.
For assistance on mediation and settlements, Turner-Monahan, PLLC. is your best bet in representing you and your best interests.
