When you’re going through a divorce, mediation can be a powerful tool to resolve disputes without the stress and cost of a trial. One of the most common questions we hear at Haugen Law Firm is:
“If we reach a Mediated Settlement Agreement (MSA), is it really binding?”
The short answer: Yes, MSAs are highly enforceable in Texas — but there are some important things you need to understand.
What Is a Mediated Settlement Agreement (MSA)?
An MSA is a written contract that both parties sign at the end of mediation. It outlines the terms you and your spouse agreed to on issues like property division, custody, visitation, and support.
Unlike casual “handshake agreements,” an MSA carries serious legal weight. Once signed, it is considered binding under Texas Family Code §153.0071.
Why Is an MSA Binding?
The Texas Legislature designed MSAs to promote settlement and reduce litigation. When certain conditions are met, an MSA must be enforced by the court even if one party later has second thoughts.
For an MSA to be binding, it must:
- Clearly state that it is not subject to revocation
- Be signed by both parties
- Be signed by the parties’ attorneys (if they were present in mediation)
- Be signed by the mediator
When these requirements are satisfied, the court generally has no discretion to reject the agreement.
Limits on Enforceability
While MSAs are very strong, there are rare exceptions. For example, a judge may refuse to enforce an MSA if:
- It would endanger the safety or welfare of a child
- There is evidence of fraud, duress, or incapacity when the agreement was signed
These situations are unusual, but they highlight why it’s important to have your own attorney involved in mediation.
MSA vs. Final Decree of Divorce
It’s also important to know that an MSA is not the same thing as a Final Decree of Divorce.
MSA: The roadmap, it sets out the terms both sides agreed to.
Final Decree: The legal document signed by the judge that officially ends the marriage.
Your attorney will take the terms of the MSA and draft them into a Final Decree for court approval.
Key Takeaways
A Mediated Settlement Agreement is one of the most binding contracts you’ll ever sign during your divorce. Once you agree, it’s very difficult to undo. That’s why it’s essential to go into mediation prepared and with an attorney who will protect your rights and ensure the agreement truly reflects your best interests.
At Haugen Law Firm, we help clients navigate mediation with strategy and care, so when you sign an MSA, you can move forward with confidence.