Why Does My Mediated Settlement Agreement Have To Be Drafted Into A Court Order?

If you’ve reached a Mediated Settlement Agreement (MSA) in your Texas divorce or family law case, you might be wondering why it must still be drafted into a court order. After all, you already signed an agreement—so why does your attorney insist on taking the extra step (and charging additional fees) to get a formal order? Is this just duplication of effort, or is there a real legal reason behind it?

Let’s break it down by answering some common client questions.

1. If My MSA Is Binding, Why Do I Need a Court Order?
It’s true that a properly executed MSA is binding under Texas law (Texas Family Code § 153.0071 for custody cases and § 6.602 for divorce cases). This means that neither party can back out just because they changed their mind. However, an MSA itself is not a court order—it’s simply a contract between the parties that outlines how the case should be finalized.

Only a judge has the power to enter a legally enforceable order. The court order is what allows the government to enforce key provisions—such as child support, division of retirement accounts, and transfer of property—using legal mechanisms like wage garnishment, contempt, or qualified domestic relations orders (QDROs).

2. Isn’t the Court Required to Approve My MSA?
Yes, in most cases. A valid MSA must be approved by the court unless there’s a very limited exception (such as a serious endangerment to a child’s well-being). However, approving an MSA and turning it into an enforceable order are two different things.

The court still requires a formal order because the MSA does not contain the detailed legal language necessary for enforcement. For example:

An MSA might say, “Husband keeps the house and refinances within 90 days.”
A court order must include precise legal descriptions of the property, deadlines, and legal remedies if refinancing fails.
Without a court order, there’s no way for law enforcement or financial institutions to carry out these terms.

3. Why Can’t We Just Submit the MSA as the Final Order?
While the MSA lays out the parties’ agreement in broad strokes, a final decree of divorce or order in suit affecting the parent-child relationship (SAPCR) must be drafted with legally precise terms that comply with Texas law.

For example, an MSA might state:

“The parties shall share custody 50/50 according to a mutually agreed schedule.”

However, Texas law requires that a possession schedule be clearly defined—meaning the final order must spell out exact days, times, exchanges, and holiday schedules so it’s enforceable.

Similarly, financial provisions such as child support, retirement division, and debt allocations must include detailed legal language to be properly executed by banks, retirement plan administrators, or state enforcement agencies.

4. What Happens After the MSA Is Signed?
Once the MSA is signed, the following process takes place:

Step 1: Drafting the Final Order
One party’s attorney (usually the one who initiated the case) will draft a proposed order incorporating the MSA’s terms using precise legal language. The draft is then sent to the other party’s attorney for review.

Step 2: Entry by Agreement
If both sides agree on the wording of the order, the attorneys submit the order to the judge for signature without the need for a hearing. In many cases, this is a simple and efficient process.

Step 3: Entry by Hearing (If No Agreement)
If the parties disagree on how the MSA should be interpreted or refuse to sign off on the proposed order, one party can schedule an “entry hearing” where the judge reviews the MSA and determines what language should be included in the final order.

Step 4: Order is Signed by the Judge
Once the judge signs the order, it becomes the final, enforceable decree in the case. The parties must follow its terms, and enforcement actions can be taken if anyone fails to comply.

5. Do We Have to Follow the MSA Before the Court Order is Entered?
Yes. A properly executed MSA is binding upon signing, meaning both parties must act in good faith and follow its terms even before the final order is signed by the judge.

For example, if the MSA states that one parent will have primary custody or that one spouse will start making payments on a joint debt, they must honor those obligations unless and until the court rules otherwise.

However, because the MSA is not yet enforceable in the same way as a court order, legal disputes about compliance can arise before finalization—another reason why it’s crucial to get the order drafted and entered promptly.

6. Can Someone Try to Change the MSA Before the Court Order is Entered?
No—MSAs are meant to be final. If an MSA meets legal requirements, the court must enter an order that reflects its terms and cannot change the agreement just because one party later regrets it.

However, delays in drafting or entry can cause practical problems. If one party drags their feet or refuses to cooperate, the other party may need to request an entry hearing to push the case forward.

Final Thoughts: Don’t Skip This Step
While it may seem like extra work and cost, drafting the MSA into a court order is a necessary step in finalizing your case. Without a formal order, you risk:

✅ Difficulty enforcing the agreement
✅ Confusion over vague or missing terms
✅ Delays in closing financial accounts or dividing property
✅ The other party failing to follow through with no legal consequences

If you’ve signed an MSA, the next step is ensuring that your attorney efficiently drafts and submits a final order for entry. The sooner this is done, the sooner you can move forward with clarity and legal protection.

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