§ 20-185. Authority of tribunal in case of noncompliance

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Code of Virginia
Title 20. Domestic Relations
Chapter 11. Uniform Collaborative Law Act

11/22/2024

§ 20-185. Authority of tribunal in case of noncompliance.

A. If a collaborative law participation agreement fails to meet the requirements of § 20-170, or a lawyer fails to comply with § 20-179 or 20-180, a tribunal may nevertheless find that the parties intended to enter into a collaborative law participation agreement if they (i) signed a record indicating an intention to enter into a collaborative law participation agreement and (ii) reasonably believed they were participating in a collaborative law process.

B. If a tribunal makes the findings specified in subsection A, and the interests of justice require, the tribunal may (i) enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated, (ii) apply the disqualification provisions of § 20-175, and (iii) apply a privilege under § 20-182.

2021, Sp. Sess. I, c. 346.