Boyd v. Boyd (2002)
In Boyd v. Boyd, 67 S.W.3d 398 (Tex. App.-Fort Worth 2002, no pet.), the trial court held that a mediated settlement agreement under Tex. Fam. Code Section 6.602 can be held unenforceable where one spouse, who has a duty to disclose, intentionally withholds information about substantial marital assets. Id. at 405.
In Boyd, although Mrs. Boyd had propounded discovery requests upon Mr. Boyd, such requests were not due at the time the parties entered the mediated settlement agreement. Id. at 404.
In Boyd, the trial court determined that Mr. Boyd's duty to disclose arose from a statement in the mediated settlement agreement stating that "each party represents that they have made a fair and reasonable disclosure to the other of the property and financial obligations known to them." Id.