Main MenuMain Menu Bookmark PageBookmark Page

Chapter 18

Form 18-52

For a mediated settlement agreement, see forms 18-17 and 18-18. For letters cautioning the client against signing an agreement without the attorney’s review, see forms 2-16 and 2-18.

Include the following notice if a minor is named in the caption or if the agreement contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sen­sitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Informal Settlement Agreement

[Short Form]

The undersigned parties to this settlement agreement agree to compromise and settle the claims and controversies between them. The parties wish to avoid potentially protracted and costly litigation.

1.Terms of the settlement are set out on Exhibit [exhibit number/letter] attached to this agreement.

2.If any dispute arises with regard to the interpretation or performance of this agree­ment or any of its provisions, including the necessity and form of closing documents, the par­ties agree to try to resolve the dispute by phone. Any disputes regarding drafting shall be resolved whenever possible by reference to the current edition of Texas Family Law Practice Manual.

3.This agreement is made and performable in [county] County, Texas, and must be construed in accordance with Texas law.

4.Each party signing this settlement agreement has entered into the settlement agree­ment freely and without duress. [Name of party A] has [consulted with an attorney of [his/her] choice/had the opportunity to consult with an attorney of [his/her] choice but has declined to do so]. [Name of party B] has [consulted with an attorney of [his/her] choice/had the opportu­nity to consult with an attorney of [his/her] choice but has declined to do so].

5.This settlement agreement is signed voluntarily on the dates set out below and is subject to the court’s approval, and its provisions are intended to be incorporated into a final decree of divorce.

6.The parties agree to appear in court at the first available date to present evidence and secure rendition of judgment in accordance with this Informal Settlement Agreement.

7.THIS AGREEMENT IS NOT SUBJECT TO REVOCATION.

   
[Name of party A]

Signed on:       

   
[Name of party B]

Signed on:       

Include signature lines for parties’ attorneys who are present when the agreement is signed.

   
[Name]
Attorney for [name of party A]

Signed on:       

   
[Name]
Attorney for [name of party B]

Signed on:       

Attach the exhibit(s) containing the settlement terms.