Sec. 15.116. AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE. (a) Notwithstanding that an agreement fails to meet the requirements of Section 15.101 or that a lawyer has failed to comply with Section 15.111 or 15.112, a tribunal may find that the parties intended to enter into a collaborative family law participation agreement if the parties:
(1) signed a record 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 tribunal makes the findings specified in Subsection (a) and determines that the interests of justice require the following action, the tribunal may:
(1) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2) apply the disqualification provisions of Sections 15.106, 15.107, and 15.108; and
(3) apply the collaborative family law privilege under Section 15.114.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
Section: Previous 15.101 15.102 15.103 15.104 15.105 15.106 15.107 15.108 15.109 15.110 15.111 15.112 15.113 15.114 15.115Last modified: September 28, 2016