Authority of court in case of noncompliance
KRS 403.670
in effect403.670. Authority of court in case of noncompliance
(1) If an agreement fails to meet the requirements of KRS 403.644, or a lawyer fails to comply with KRS 403.660 or 403.662, a court may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) Reasonably believed they were participating in a collaborative law process.
(2) If a court makes the findings specified in subsection (1) of this section, and the interests of justice require, the court may:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) Apply the disqualification provisions of KRS 403.650, 403.652, and 403.654; and
(c) Apply a privilege under KRS 403.664.
Effective: July 15, 2024
History: Created 2024 Ky. Acts ch. 62, sec. 16, effective July 15, 2024.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54902Fetched: 10/20/2026
