SB320 Alabama 2013 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2013

Title

Family law, collaborative law agreements authorized, process requirements, confidential communications, Uniform Collaborative Law Act

Summary

SB320 would create the Alabama Uniform Collaborative Law Act to let families resolve certain matters through a collaborative process outside the courts, using written participation agreements and confidentiality.

What This Bill Does

It establishes a formal collaborative law process for family and domestic-relations matters such as divorce, custody, adoption, and premarital, marital, or post-marital agreements. Parties sign a collaborative law participation agreement to start the process, which describes the matter, identifies collaborative lawyers, and states the intention to resolve without tribunal intervention. The process can end by full or partial agreement or by termination, and court proceedings may be stayed during the collaborative process. The act also sets rules for confidentiality, mandatory disclosures, safety considerations, and when collaborative lawyers or their firms may represent parties in related court proceedings, and authorizes emergency orders and tribunal approval of resulting agreements.

Who It Affects

• Parties involved in family or domestic-relations matters (e.g., divorce, child custody, adoption, or premarital/marital/post-marital agreements) who choose to use a collaborative process and sign a collaborative law participation agreement.
• Collaborative lawyers and their law firms (and the tribunals that oversee related proceedings), who face disqualification from representing parties in related tribunal proceedings, have specific duties if the process ends, and may perform limited tasks such as seeking tribunal approval or emergency orders; courts or tribunals may issue emergency orders and may approve collaborative agreements.

Key Provisions

• Adopts the Alabama Uniform Collaborative Law Act to resolve family matters through a collaborative process outside a tribunal.
• Requires a written collaborative law participation agreement signed by the parties, describing the matter, identifying collaborative lawyers, and including disclosures and withdrawal information.
• Defines the collaborative law process and when it begins (upon signing the participation agreement) and how it ends (by full/partial agreement or termination; court stay can occur during the process).
• Allows tribunals to issue emergency orders to protect health, safety, welfare, or the interests of a party or child, and to approve agreements resulting from the collaborative process.
• Provides that certain communications during the collaborative process are confidential and requires timely, full disclosure by parties without formal discovery, with updates as information changes.
• Disqualifies collaborative lawyers and associated law firms from representing a party in related tribunal proceedings, with limited exceptions for approving agreements or handling emergency orders if necessary.
• Imposes requirements to assess appropriateness before signing, inform parties of benefits/risks, and ensure voluntary participation with rights to terminate.
• Includes safety provisions requiring screening for coercive or violent relationships and ongoing assessment during the process.
• Effective date: January 1, 2014.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law