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Does a MSA supersede temporary orders of the court if the TO stated enforced until entry of final decree?
Anonymous2 views2 answers
We had court ordered mediation in our agreed Temporary orders, we came to an agreement. The final decree was set for 10 days later, however it was rescheduled for months later, there were dates to trade property in the MSA that the ATO specifically assigned to the other party. When is the MSA enforceable? Does it cancel out temporary orders if the TO's state they were in effect till entry of final decree?
The MSA is an agreement for Final or Temporary Orders. The agreed Order (final or temporary) that was agreed to in the MSA trumps the MSA. When stating your facts, I'm uncertain whether these were MSA for temporary or final orders.
I offer free consultations and am quite familiar with family judges in Harris County and nearby counties.
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Barbara Lynch SchnackMediation AttorneyHouston, TX ·
While I would have to see your Final Decree of Divorce to know for sure, I anticipate your Final Decree recites that the mediated settlement agreement (MSA) was merged into the Final Decree, and that the prior temporary orders were discharged upon entry of the Final Decree. In other words, the MSA is now of no effect at all since it has been merged into, and replaced by, the Final Decree of Divorce. The Temporary Orders are no longer enforceable either, since again, they have been replaced by the Final Decree of Divorce. The only enforceable order is your Final Decree of Divorce, unless the decree recites that enforcement of certain temporary orders, such as temporary child support, has been reserved. The Temporary Orders were enforceable until the Final Decree was signed, and the MSA was simply a binding expression of the terms of the agreement reached between the time of your temporary orders hearing and the entry of the Final Decree for settlement of the disputed issues in your case. I'm not sure if I've addressed your concern, but good luck to you.
