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Can a Mediated Settlement Agreement Be Set Aside in a Texas Family Law Case?

Yes, it is possible to overturn a mediated settlement agreement in a Texas family court under specific circumstances.

Texas law generally favors the enforceability of mediated settlement agreements (MSAs) in family law cases, and the defenses to the enforceability of an MSA are strictly limited  In the Int. of D.G.M., 2023 Tex. App. LEXIS 5915.

However, a court may decline to enter a judgment on an MSA if it finds that a party to the agreement was a victim of family violence which impaired their ability to make decisions, and that the agreement is not in the child’s best interest  In the Interest of G.W., 2017 Tex. App. LEXIS 11210.

Furthermore, a trial court may refuse to enforce an MSA that otherwise complies with statutory requirements if a party procures the agreement by intentionally failing to disclose material information, or if the agreement was obtained through fraud, duress, coercion, or other dishonest methods  Milner v. Milner, 360 S.W.3d 519.

Additionally, if the MSA contains provisions that contravene public policy, such as conditioning access to a child on the payment of child support, those provisions are void and the court is not required to enforce them  In the Interest of M.E.H., 631 S.W.3d 244.

In summary, while Texas courts generally uphold the validity of MSAs, there are exceptions where the agreement can be overturned if it was procured under circumstances that impair its fairness or legality.

Key cases that discuss these issues include references  In the Int. of D.G.M., 2023 Tex. App. LEXIS 5915, Milner v. Milner, 360 S.W.3d 519, In the Interest of M.E.H., 631 S.W.3d 244.

Additional Resources:

In the Int. of D.G.M., 2023 Tex. App. LEXIS 5915  | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Aug 8, 2023

 In the Interest of G.W., 2017 Tex. App. LEXIS 11210  | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Dec 1, 2017

 Milner v. Milner, 360 S.W.3d 519  | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Jun 3, 2010

 In the Interest of M.E.H., 631 S.W.3d 244  | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Apr 23, 2020