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Click here for the full text of this decision FACTS:Jane and Jim Lee were contemplating divorce. Though Jane retained an attorney, she and Jim met at Jane’s house on their own to discuss settling the case. They reached an agreement, and Jane’s attorney eventually prepared the first page, while Jim typed the remaining pages. The settlement was said to be binding and not to be subject to revocation. Both parties signed the agreement, though Jim was not represented by an attorney. Jim later tried to revoke his consent before the agreement was finalized by the trial court. The trial court forbade the attempted revocation, because of the language stating that the agreement was not revocable. The trial court’s later conclusions of law included statements that, pursuant to Family Code 6.602(b), the agreement was not subject to revocation. On appeal, Jim raises the issue of whether the written agreement can be a considered a mediated settlement agreement under 6.602(b) when there was no mediator. HOLDING:Affirmed in part and remanded in part. Given that Family Code 7.066(a) already allows divorcing parties to enter into written agreements, without requiring mediation, concerning the division of the community assets and liabilities, the court says it does not want to carve out a common-law exception to 6.602(b) that allows an unmediated settlement agreement “to morph into a mediated settlement agreement based on mere form.” The court holds that a mediated settlement agreement necessarily requires mediation and a mediator. Because there was no third party present when Jane and Jim met, there was no mediated settlement, and Jim could revoke. The trial court abused its discretion in preventing Jim from revoking his consent to the settlement on the basis that the agreement was a binding mediated settlement agreement. The court affirms the divorce itself but remands for trial on all contested issues. OPINION:Lee Ann Dauphinot, J.; Cayce, C.J.; Dauphinot and Gardner, JJ.

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