(c) If the Tribunal finds that the terms of the written agreement are not fair and correct in the event of divorce or nullity, the Tribunal may ask the spouses to submit a revised agreement or determine the case for a contested oral hearing. Many AIDs contain provisions that go beyond what a court can order. In general, a court cannot order support for children beyond the child`s 18th birthday, or if the child finishes high school, depending on what is later, but this can be done in an AID. In Texas, courts generally cannot order custody by the university or order payment of college fees if the child is over the age of 18. However, in a PDO, the parties can enter into a payment agreement for the children`s college, insurance and even vehicles after 18 years, and the agreement may be applicable. In conclusion, why use a contract incident to divorce? For privacy, additional means of application, creative solutions, clarity and flexibility. It`s a device that works very well in Texas collaborative law divorces. What`s in a divorce case? Everything the parties want to put into it can usually be included. Many people want all financial provisions to be included in the IDA, not in the divorce decree. Some may only want a few financial provisions in the IDA. Topics may include income, investments, debts, tax issues, sub-ability, real estate, trusts, asset disposal plans and increasingly.
Arrangements, including visitation and assistance, may be included for children. It sometimes deals with special needs for children. If child assistance is important, the parties may want it to be included in the IDA and not in the decree. The IDA is as applicable as any contract, and if one of the parties violates that agreement, it can be maintained in contempt and legal fees can be awarded to the other party. The IDA is signed by both parties and can be used either to enforce compliance with the agreement and/or to punish violations of the agreement. If part of the agreement is too vague to be enforced, a court decision can be taken to clarify the agreement. On the other hand, negotiated transaction agreements necessarily require mediation and a mediator. In addition, an AIDA can generally be reviewed or rejected before the court presents it (accepts it as a Tribunal order). After signing, negotiated transaction agreements cannot be revoked.
A final important distinction is that, unlike agreements that can be made with divorce, a judgment can be rendered on a negotiated transaction contract without the court establishing that the terms of the agreement are correct and correct. If the Tribunal finds that the terms of the written agreement in the event of divorce or nullity are fair and correct, these conditions are binding on the Tribunal.