Contract Provisions in an Agreed Decree – Now Enforceable
When I started this blog, the first posts I wrote were on what provisions in a decree were enforceable by a court v. contractual in nature, and how each could be addressed if a party failed to abide by the terms.
Now the Legislature has made it easy. The property division, as well as any contractual provisions, are expressly within the power of the court to enforce under the new Tex. Fam. Code Section 9, which goes into effect September 1, 2013, according to H.B. No. 389. You no longer have to decide whether to bring an enforcement action or a breach of contract case.
Of course, when bringing an enforcement action, the deadline to file suit is two years, while a breach of contract allows you to wait up to four years. Just something to keep in mind…