HB396 - Alabama Uniform Collaborative Law Act

• Adopts the Alabama Uniform Collaborative Law Act to allow resolution of family law matters (divorce, child custody, alimony, adoption, parentage, premarital agreements) through a collaborative process without court intervention.

• Requires collaborative law participation agreements to be in writing, signed by parties, identify collaborative lawyers for each party, describe the matter and process, and include disclosure statements about confidentiality and attorney withdrawal obligations.

• Establishes that collaborative lawyers and their law firms are disqualified from representing parties in subsequent court proceedings related to the matter, except for approving agreements or handling emergency protective orders.

• Makes communications during the collaborative process confidential except as agreed by parties in writing or as otherwise provided by state law.

• Requires prospective collaborative lawyers to assess appropriateness of the process, inform parties of benefits and risks, inquire about coercive or violent relationships, and ensure party safety before and during the collaborative process.

• Effective date: January 1, 2014.