Section 20 - Authority of Court in Case of Noncompliance

As amended through November 4, 2024
Section 20 - Authority of Court in Case of Noncompliance
(a) Notwithstanding that an agreement fails to meet the requirements of Section 4(a) and/or (b) or that a lawyer has failed to comply with Sections 14 and 15, a court may find that the parties intended to enter into a collaborative family law participation agreement if the parties:
(1) signed a writing indicating an intent to enter into a collaborative family law participation agreement; and
(2) reasonably believed the parties were participating in a collaborative family law process.
(b) If a court makes the findings specified in Subsection (a) and determines that the interests of justice require the following action, the court may:
(1) enforce an agreement evidenced by a writing resulting from the process in which the parties participated;
(2) apply the disqualification provisions of Sections 9 and 10; and
(3) apply the collaborative family law privilege under Section 17.
Adopted by order filed and effective 4/1/2019.