Many divorce and custody cases in Brownsville and the Rio Grande Valley settle in mediation instead of a full trial. Texas Family Code provisions on mediated settlement agreements (MSAs) explain when an agreement becomes binding and when a court may still decline to enter judgment. This article summarizes Family Code Section 6.602 (suits to dissolve a marriage) and Section 153.0071 (suits affecting the parent-child relationship), plus the informal settlement rules in Section 6.604. Sources were checked on November 6, 2026. This article does not evaluate any person's case and does not predict whether a court will approve or decline any agreement.

What an MSA is

A mediated settlement agreement is a written settlement reached through mediation. In a divorce, mediation may be ordered on the parties' written agreement or on the court's own motion under Family Code Section 6.602. In a suit affecting the parent-child relationship (SAPCR)—which can include custody, possession, and related parenting issues—the court may refer the suit to mediation on written agreement or on its own motion under Family Code Section 153.0071.

An MSA is different from temporary orders entered while a case is pending. Temporary orders and the petition stage are covered in our article on divorce petitions and temporary orders.

Binding MSA requirements in a divorce (Section 6.602)

Section 6.602(b) states that a mediated settlement agreement is binding on the parties if the agreement:

  • Provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
  • Is signed by each party to the agreement; and
  • Is signed by the party's attorney, if any, who is present at the time the agreement is signed.

If the MSA meets those requirements, Section 6.602(c) says a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11 of the Texas Rules of Civil Procedure or another rule of law.

Family violence objection before mediation in divorce

Section 6.602(d) allows a party, at any time before the final mediation order, to file a written objection to referral to mediation on the basis that family violence has been committed against the objecting party by the other party. After an objection is filed, the suit may not be referred to mediation unless, on the other party's request, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. If mediation still goes forward, the court shall order measures to protect the objecting party's physical and emotional safety, including that the parties not be required to have face-to-face contact and that they be placed in separate rooms during mediation.

Binding MSA requirements in a SAPCR (Section 153.0071)

Section 153.0071(d) uses the same three binding requirements for an MSA in a suit affecting the parent-child relationship:

  • A prominently displayed statement, in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
  • Signature of each party; and
  • Signature of the party's attorney, if any, who is present when the agreement is signed.

If those requirements are met, Section 153.0071(e) entitles a party to judgment on the MSA notwithstanding Rule 11 or another rule of law.

When a court may decline to enter judgment on a SAPCR MSA

Section 153.0071(e-1) is an important limit. Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds:

  • That a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or that the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, based on an offense committed when the person was 17 or older, or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person, to reside in the same household as the child or otherwise have unsupervised access to the child; and
  • That the agreement is not in the child's best interest.

Those findings are statutory conditions. This article does not invent additional grounds beyond the text.

Family violence objection before SAPCR mediation

Section 153.0071(f) allows a party, before the final mediation order, to object in writing to referral to mediation based on family violence committed by another party against the objecting party or a child who is the subject of the suit. After an objection, the suit may not be referred to mediation unless a hearing is held on a party's request and the court finds that a preponderance of the evidence does not support the objection. If mediation proceeds, the court shall order safety measures, including no required face-to-face contact and separate rooms. Subsection (f) does not apply to suits filed under Chapter 262 (certain child-protection suits).

Informal settlement conferences are different

Section 6.604 addresses informal settlement conferences in a suit for dissolution of a marriage. Parties may agree to one or more informal settlement conferences, with or without attorneys present. A written settlement reached at an informal conference is binding on the parties if it has the same style of non-revocation statement and the same signature requirements as an MSA (Section 6.604(b)). A party is then entitled to judgment notwithstanding Rule 11 (Section 6.604(c)).

Unlike a compliant MSA under Section 6.602(c), Section 6.604(d)–(e) also gives the court a "just and right" review of an informal settlement's terms. If the court finds the terms just and right, they bind the court; if not, the court may ask for a revised agreement or set the case for a contested hearing. That extra court review of terms is a key difference from the MSA path described in Section 6.602.

What happens after a compliant MSA

When a compliant MSA entitles a party to judgment, the agreement's terms are typically carried into the final divorce decree or SAPCR order. Property division terms may interact with the community-property rules described in our article on community property division in divorce. Parenting terms may include possession schedules that resemble or modify the framework in our article on the standard possession order.

After a judgment is signed, later changes are generally handled through the Family Code's modification procedures for SAPCR orders, or through other post-judgment remedies that apply to divorce decrees. The MSA statutes themselves focus on making a compliant agreement binding and enforceable as a judgment; they do not replace later modification standards. Whether a particular term can be modified later depends on the type of order and the statutory modification rules, not on a prediction in this article.

Practical steps before and during mediation in South Texas

1. Gather financial and parenting documents

Collect tax returns, pay stubs, account statements, property deeds, debt lists, school calendars, and proposed possession schedules.

2. Read any draft agreement carefully

Look specifically for the prominently displayed non-revocation statement required by Sections 6.602 and 153.0071.

3. Confirm who must sign

Each party must sign. Any attorney present when the agreement is signed must also sign.

4. Raise family-violence concerns in writing if they apply

Sections 6.602(d) and 153.0071(f) provide written-objection procedures before a final mediation order.

5. Keep copies of everything signed

Save the MSA, mediator correspondence, and any exhibits attached to the agreement.

6. Follow through to the decree or order

A signed MSA still needs to be presented so the court can enter judgment, subject to the statutory limits described above.

Frequently asked questions

Can I change my mind after signing a compliant MSA?

Sections 6.602 and 153.0071 require a prominently displayed statement that the agreement is not subject to revocation. If the statutory requirements are met, a party is entitled to judgment on the MSA, subject to the limited grounds in Section 153.0071(e-1) for SAPCR cases.

Is an informal settlement the same as an MSA?

No. Informal settlements under Section 6.604 have similar signature and non-revocation formalities, but the court also reviews whether the terms are just and right.

Does mediation replace temporary orders?

No. Temporary orders may still apply while the case is pending. See divorce petitions and temporary orders.

Related articles

Questions in Brownsville and South Texas

CRG Law assists families in Brownsville and South Texas with family law matters. If you are mediating a divorce or parenting case and want to understand how Family Code Sections 6.602 and 153.0071 treat mediated settlement agreements, you can contact the office to review the documents and information involved.