Texas § FA.15.116 - AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE

§ FA.15.116. AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE

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.