My Wife and I completed a mediated settlement agreement and I filed for an agreed divorce. The judge said the mediated settlement agreement was not binding on the court because it was signed before we had a case before the court or any pending litigation. Does the court not have to enter judgement on that MSA?
Some experts believe your MSA is binding between you and the other party. You may have to push the issue unless you can get the other party to your side. If you both are on the same page, the court judge should not care but should approve your agreements.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, Lampasas, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
There may be something else going on here. The Court may be looking for a way to reject your MSA as the Judge thinks the agreement is defective or unjust in some way. Also, you need to submit a long form version of the MSA (the actual order with your signature and your wife's signature) to the Court for it to be signed. I think you should consult with an attorney to determine how to proceed.
This answer does not constitute legal advice. An attorney should be consulted to provide legal advice to your specific situation based on a fuller understanding of the facts.
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