Breach of Contract in Texas Divorce: What You Need to Know

Divorce can be a messy and complicated process, especially when it comes to dividing assets and property. In Texas, marital agreements are governed by contract law, which means that the terms of a divorce settlement agreement are legally binding.

However, there are times when one party may fail to uphold their end of the agreement, resulting in a breach of contract. In this article, we`ll explore what constitutes a breach of contract in Texas divorce cases and what remedies are available.

What is a Breach of Contract?

A breach of contract occurs when one party fails to fulfill their obligations as outlined in a legally binding agreement. In the context of divorce, this might include failing to pay spousal support or child support, failing to transfer property as agreed upon, or failing to provide an equitable division of assets.

If one party believes that the other has breached the terms of the agreement, they may file a lawsuit to seek damages or specific performance. Specific performance is a court order requiring the breaching party to fulfill their obligations as outlined in the agreement.

Remedies for Breach of Contract

If you believe that your former spouse has breached the terms of your divorce settlement agreement, you have several options for seeking a remedy.

First, you may choose to file a motion for enforcement with the court that handled your divorce. This will require the breaching party to appear in court and explain why they have not fulfilled their obligations. If the court finds that a breach has occurred, it may order the party to comply with the terms of the agreement.

In extreme cases, you may also consider filing a lawsuit for breach of contract. This will require you to prove that a contract existed, that the other party breached the terms of that contract, and that you suffered damages as a result.

How to Protect Yourself

To avoid the risk of a breach of contract in your divorce settlement agreement, it`s important to work with an experienced attorney who understands Texas family law and contract law. Your attorney can help you negotiate the terms of your agreement to ensure that it is both fair and legally binding.

It`s also important to document all agreements and communications between you and your former spouse. This can include emails, text messages, and voicemails. These documents may be used as evidence in court if a breach of contract occurs.

In conclusion, a breach of contract in Texas divorce cases can be a complex issue, but there are remedies available to those who have suffered damages as a result. By working with an experienced attorney and protecting yourself with adequate documentation, you can ensure that your divorce settlement agreement is legally binding and enforceable.