Free Therapist Training›EFT Couples Therapy Toolkit›Consent and Secrets Policy
Last updated: November 11, 2026
A couples therapy informed consent form tells both partners, before therapy begins, how the therapy works, who the client is, and how you handle what each partner tells you, including what one partner says when the other is not in the room. It is also where you set out the policy for information shared in individual sessions, which both partners sign.
The template lists the sections of the form with example wording, three policies for information from individual sessions, and notes on California rules, each linked to its source. A completed example for an invented couple follows it. Both are part of the free EFT Couples Therapy Toolkit from the Sentio MFT program, which teaches emotionally focused couples therapy (EFCT) among the therapy models in its curriculum.
These are some items to consider when you write a consent form and an information policy for couples therapy. It is not legal advice; check the rules for your license and your setting. It is not an official form, just some helpful ideas from the Sentio MFT program.
Download the PDFMake an editable copy
| Section | What to write (example wording in italics) |
|---|---|
| 1. Who the client is | Say whether you treat the couple as the client, and what that means for each partner. In couples therapy my client is your relationship. I work for both of you and do not take sides. Each of you is also my client, with the rights this form describes. |
| 2. What couples therapy involves | The approach, joint sessions, any individual sessions, the usual length and what you ask of the couple between sessions. We will meet together most weeks. Early on I will meet with each of you once on your own. We will review progress every six sessions. |
| 3. Contact with one partner | How you handle an individual session, a phone call, a text or an email from one partner. If one of you contacts me between sessions, I will let the other know that we spoke, and I will follow the information policy below. |
| 4. Information from individual sessions | Choose one policy, explain it plainly, and get each partner's written agreement before any individual session. See the three options below. |
| 5. Safety | How you will handle a disclosure of violence or fear. If either of you tells me alone about violence, threats or fear, I will not share it in a way that could put anyone at risk. I will talk with that partner first about safety and next steps. |
| 6. Limits of confidentiality | What you must or may disclose without consent under the law where you practice. See the California notes below. |
| 7. Recordings | Why you would record sessions (for example, for supervision), who sees the recordings, how they are stored and when they are deleted, and whether you use any tool that records or transcribes sessions. I will record a session, or use a tool that records or transcribes it, only with the written consent of both of you. Either of you may say no or change your mind at any time. |
| 8. Records and their release | Whether the couple shares one record or each partner has a separate record, who may see it, whose signature you need to release it, and what you will do if one partner asks for a copy. I keep one record for our couples sessions. I will release it to anyone else only with the written authorization of both of you, unless the law requires otherwise. |
| 9. Sessions by video | If you offer video sessions: the platform, privacy, the risks and limits of video, where each partner will be during sessions, and what happens if the connection drops. |
| 10. If you are an associate or trainee | That you are not yet licensed, who employs you, who supervises you, and that you discuss cases in supervision. I am a registered associate marriage and family therapist, not yet licensed. My registration number is [number]. I am employed by [employer] and supervised by [supervisor], a licensed marriage and family therapist. I discuss our work with my supervisor. |
| 11. Emergencies | I am not available for emergencies. If you are in danger, call 911. For a mental health crisis, call or text 988. |
| 12. Fees, cancellations and ending | Fees, cancellation terms, and what happens if one partner stops coming or the couple decides to separate. If our couples work ends, I will not become either partner's individual therapist, so that I stay fair to you both. |
| 13. Notice to clients | In California, the Board of Behavioral Sciences notice described below, as a separate page or inside the form. |
| Signatures | Each partner and the therapist, with dates |
Three policies for information from individual sessions
| Policy | What it says | Example wording |
|---|---|---|
| No secrets | Information either partner shares alone may be brought into joint sessions when it bears on the therapy | I do not keep secrets between you that would get in the way of our work, such as an affair that is still going on. If you tell me something like that, I will help you find a way to tell your partner yourself and give you time to do it. |
| Limited secrets | The therapist decides case by case what must come into joint sessions and tells the couple in advance how that decision is made | I will keep most of what you tell me alone private. If you tell me something that I believe makes it impossible to help you as a couple, I will ask you to share it, and I may end our couples work if you choose not to. |
| Confidential individual sessions | What either partner says alone stays between that partner and the therapist unless that partner agrees otherwise | What you tell me alone stays between us unless you agree to share it, or the law requires me to disclose it. |
Whichever policy you choose, put it in writing and get each partner's signature before any individual session. The AAMFT Code of Ethics says that in couple, family or group treatment, a marriage and family therapist must not reveal one person's confidences to others in the client unit without that person's prior written permission (Standard 2.2).
California notes
| Topic | The rule |
|---|---|
| Who the client is | The CAMFT Code of Ethics asks marriage and family therapists to clarify, at the start of treatment and throughout, which people are clients and the relationship the therapist will have with each person in the treatment (Standard 3.9). |
| Releasing couples records | California's Confidentiality of Medical Information Act generally requires a written authorization before a provider discloses a patient's medical information (Cal. Civ. Code § 56.10). When someone asks for information about couple or family treatment, the CAMFT Code asks for the signed authorization of each member of the unit before the therapist discloses information received from any of them (Standard 2.2). |
| Recordings | Recording a confidential communication without the consent of all parties is a crime in California (Cal. Penal Code § 632). The CAMFT Code asks for written informed consent before recording or allowing third-party observation (Standard 3.5), and before using technology, including AI tools, to record treatment (Standard 6.6). Get each partner's written consent before you record. |
| Access to records | An adult patient may inspect their records within five working days of a request and receive copies within 15 days (Cal. Health & Safety Code § 123110). A provider may decline access to mental health records when access would create a substantial risk of significant adverse or detrimental consequences to the patient; the provider then records the reason and must let a licensed professional the patient designates inspect or receive copies of the records (§ 123115). |
| Keeping records | A marriage and family therapist keeps a client's records for at least seven years after therapy ends, or for a minor, at least seven years after the client turns 18 (Cal. Bus. & Prof. Code § 4980.49). Other license types have their own rules. |
| Child abuse | Licensed marriage and family therapists, clinical social workers, professional clinical counselors and psychologists are mandated reporters, as are associate marriage and family therapists and MFT trainees (Cal. Penal Code § 11165.7). A report goes by phone immediately or as soon as practicably possible, with a written follow-up report within 36 hours of receiving the information (§ 11166). |
| Elder and dependent adult abuse | Health practitioners, a group that includes marriage and family therapists, associates and trainees, are mandated reporters of elder and dependent adult abuse (Cal. Welf. & Inst. Code § 15630; § 15610.37). A report goes by phone or through the confidential internet reporting tool immediately or as soon as practicably possible; a phone report is followed by a written or internet report within two working days. Different steps apply when the abuse happened in a long-term care facility. |
| Threats of violence | When a client communicates a serious threat of physical violence against a reasonably identifiable victim, the therapist discharges the duty to protect by making reasonable efforts to communicate the threat to the victim and to a law enforcement agency (Cal. Civ. Code § 43.92). There is no psychotherapist-patient privilege when the therapist has reasonable cause to believe the client is dangerous to self or to another person or their property and that disclosure is necessary to prevent the danger (Cal. Evid. Code § 1024). |
| Sessions by video | Before providing care by telehealth, inform the clients, get their verbal or written consent, and document it (Cal. Bus. & Prof. Code § 2290.5). Board of Behavioral Sciences regulations add steps when telehealth services begin (explain the risks and limits of telehealth, give your license or registration number and type, and document your efforts to find emergency resources near the clients) and at the start of each session (ask each client for their full name and the address where they are, and document both) (16 CCR § 1815.5). Sentio's guide to California telehealth rules covers these in more detail. |
| Associates and trainees | Through December 31, 2026, an associate marriage and family therapist tells each client, before any services, that they are an unlicensed registered associate, gives their registration number and their employer's name, and says what type of licensed professional supervises them (Cal. Bus. & Prof. Code § 4980.44); a trainee gives the same information without a registration number (§ 4980.48). From January 1, 2027, under AB 1598, associates and trainees tell each client that they are unlicensed and under the supervision of a licensed professional, and give the name of their employer or of the entity they volunteer for. The example wording in section 10 meets both versions of the rule. |
| Notice to clients | Before psychotherapy begins, or as soon as practicably possible afterward, licensees and registrants give each client a written notice, in at least 12-point type, in wording the statute prescribes: that the Board of Behavioral Sciences receives and responds to complaints about services within the scope of practice of marriage and family therapists, and how to contact the Board. Since July 1, 2025 the notice also gives the therapist's full name as filed with the Board, the license or registration number and type, and its expiration date. Document that you gave it (Cal. Bus. & Prof. Code § 4980.32). Clinical social workers and professional clinical counselors have parallel sections (§§ 4996.75 and 4999.71). |
| Fees | Tell clients the fee, or the basis on which it is computed, before treatment begins (Cal. Bus. & Prof. Code § 4982, subdivision (n)). |
What Does a Completed Couples Therapy Consent Form Look Like?
Marcus and Lena are an invented couple. The example shows how their therapist, D.M., an associate marriage and family therapist, filled in each section of the form, including the no-secrets policy with a safety exception that both partners signed at the first session.
| Section | Example entry: D.M.'s form for Marcus and Lena |
|---|---|
| 1. Who the client is | The template wording, read aloud and discussed at session 1 |
| 2. What couples therapy involves | Weekly 50-minute joint sessions in person; one individual session with each partner in the first month (sessions 3 and 4), then a joint feedback session; progress reviewed every six sessions |
| 3. Contact with one partner | Texts and calls between sessions are for scheduling only; if either partner raises anything else, D.M. tells the other partner that they spoke and brings the topic to the next joint session |
| 4. Information from individual sessions | No secrets, with the safety exception in section 5; both partners signed it at session 1, before the individual sessions |
| 5. Safety | The template wording, plus: "I will ask about safety at the start of each session, and either of you can ask to meet with me alone." |
| 6. Limits of confidentiality | Child abuse, elder and dependent adult abuse, and serious threats of violence, each explained in plain words; both partners initialed the section |
| 7. Recordings | Both partners consented in writing to video recording for supervision with R.S.; recordings kept on the practice's encrypted drive and deleted after review; no transcription tools |
| 8. Records and their release | One shared record for the couples sessions; released to anyone else only with both partners' written authorization, unless the law requires otherwise |
| 9. Sessions by video | Not used; in person only |
| 10. If you are an associate or trainee | The template wording, with D.M.'s registration number, the practice as employer and R.S., LMFT, as supervisor |
| 11. Emergencies | The template wording |
| 12. Fees, cancellations and ending | The practice's fee and its 24-hour cancellation policy; if either partner stops coming, one joint session to decide next steps; the template sentence on not becoming either partner's individual therapist |
| 13. Notice to clients | The Board of Behavioral Sciences notice, with D.M.'s full name, registration number, registration type and expiration date, given to each partner at session 1 and noted in the record |
| Signatures | Marcus, Lena and D.M., at session 1; reviewed with the couple again at session 5, before the treatment plan |
What Should a Couples Therapy Consent Form Include?
A couples therapy consent form covers what any consent form covers and adds three things: who the client is, how you handle contact with one partner, and what happens to information shared in individual sessions. Both partners sign it before therapy begins.
The ethics codes set the general items. The AAMFT Code of Ethics asks marriage and family therapists to obtain informed consent before services begin, and as often as needed during treatment, from clients who have been told about the treatment and its risks and benefits and who agree freely, and to explain at the outset what confidentiality covers and its possible limits (American Association for Marriage and Family Therapy [AAMFT], 2026, Standards 1.2 and 2.1).
The couples items follow from the fact that the client may be more than one person (AAMFT, 2026, Standard II). The CAMFT Code asks marriage and family therapists to clarify, at the start of treatment and throughout, who the clients are and the relationship the therapist will have with each person, and to weigh the conflicts that can arise when individual and couple treatment run at the same time or one after the other (California Association of Marriage and Family Therapists [CAMFT], 2025, Standards 3.9 and 3.10). Psychologists (American Psychological Association [APA], 2017, Standard 10.02), counselors (American Counseling Association [ACA], 2014, Standard B.4.b) and social workers (National Association of Social Workers [NASW], 2021, Standard 1.07(f)) have related standards.
What Is a No-Secrets Policy?
A no-secrets policy is an agreement, made at the start of treatment, that the therapist may share with the other partner something learned in an individual session when the therapist believes it is relevant to the treatment (Griffin, 2016). Under it, the therapist does not keep a secret that would get in the way of the couples work, such as an affair that is still going on.
A sample policy hosted by CAMFT first gives the partner who spoke the chance to make the disclosure, leaves the therapist to judge whether, when and how much to disclose, and suggests an individual therapist for anything a client wants shared with no one (Leslie, n.d.). Butler and colleagues frame the choice between facilitated disclosure and clinical accommodation of infidelity secrets as an early pivot point in couple therapy (Butler et al., 2009; Butler et al., 2008).
How Do the Three Policies Compare?
The three policies differ in who decides what reaches the joint sessions. Under no secrets, information that bears on the therapy can come into the joint work; under limited secrets, the therapist decides case by case, by a rule the couple hears in advance; and under confidential individual sessions, the partner who spoke decides, within the limits the law sets.
The AAMFT describes three similar approaches, advises deciding on a policy early, and recommends having a local attorney review policies and documents (AAMFT, 2016). Its Code of Ethics bars revealing one person's confidences to others in the client unit without that person's prior written permission (AAMFT, 2026, Standard 2.2), and the code does not say whether a policy signed at intake counts as that permission. The NASW Code adds that social workers should tell participants in couples counseling that they cannot guarantee every participant will honor a confidentiality agreement (NASW, 2021, Standard 1.07(f)).
Whichever policy you choose, put it in writing and have both partners sign it before any individual session; Zimmerman and Castronova (2021) list, among the questions to ask before a couple's first appointment, whether the therapist has written informed consent policies that address secrets and the limits of confidentiality. Handle a disclosure of violence or fear apart from the policy: talk with that partner alone about safety before anything is said in a joint session, as the intake and safety screen describes.
What Does California Law Say?
No California statute or Board of Behavioral Sciences regulation addresses secrets in couples therapy specifically, so a secrets policy rests on the ethics codes and on your written agreement with the couple. The California rules that do apply are general ones on consent, recording, records and confidentiality, and the California notes in the template give each with a link to its source.
In brief, recording a confidential communication requires the consent of all parties (Cal. Penal Code § 632); a provider generally needs a written authorization before disclosing a patient's medical information (Cal. Civ. Code § 56.10); an adult patient may inspect and copy their records, with limited exceptions (Cal. Health & Safety Code § 123110); and a marriage and family therapist keeps a client's records for at least seven years after therapy ends (Cal. Bus. & Prof. Code § 4980.49). Mandated reporting of child, elder and dependent adult abuse and the duty to protect also limit confidentiality, and the CAMFT Code encourages telling clients about these exceptions (CAMFT, 2025, Standard 3.6).
Marriage and family therapists and associates also give each client the Board's written notice to clients before psychotherapy begins, or as soon as practicably possible after (Cal. Bus. & Prof. Code § 4980.32), and disclose the fee, or how it is computed, before treatment begins (§ 4982). The notes also set out what associates and trainees must tell clients before services begin, including the change made by AB 1598.
Practice next
Practice explaining your secrets policy aloud, in under a minute and in plain words, to a peer playing the couple: what happens to something one partner tells you alone, what you will do if it bears on the couples work, and how you handle anything about safety. Then have your peer ask the questions a worried partner might ask, and answer in the same plain words. The free Deliberate Practice in EFCT webinar, in which Sam Jinich and Hanna Levenson demonstrate EFCT skills to rehearse with a peer or a supervisor, shows how this kind of rehearsal works, and the free deliberate practice exercise library includes client prompts on recording therapy and boundary setting.
Keep reading
EFT Couples Therapy Intake Form, joint and individual assessment sessions with a safety screen for each partner alone
EFT Progress Note Template for Couples Therapy, an EFCT session note, a DAP version and a completed example
Clinical Supervision Disclosure Statement Template, from the free clinical supervision toolkit
Free EFT Couples Therapy Toolkit, every template in the series, from intake to supervision
Frequently Asked Questions
What is a no-secrets policy in couples therapy?
It is an agreement, made at the start of treatment, that the therapist may share with the other partner something learned in an individual session when the therapist believes it is relevant to the treatment. A sample policy hosted by CAMFT first gives the partner who spoke the chance to make the disclosure. Both partners sign the policy before any individual session.
Is a no-secrets policy legal in California?
No California statute or Board of Behavioral Sciences regulation addresses secrets in couples therapy specifically, so a secrets policy rests on the ethics codes and on your written agreement with the couple. The AAMFT Code of Ethics bars revealing one person's confidences to others in the client unit without that person's prior written permission. Put the policy in writing, have both partners sign it before any individual session, and have a local attorney review it, as the AAMFT advises.
Do both partners have to sign a release of records?
Under the CAMFT Code of Ethics, yes: when someone asks for information about couple or family treatment, each member of the unit signs an authorization before the therapist discloses information received from any member (Standard 2.2). The AAMFT Code also requires written authorization from each competent individual before disclosing information outside the treatment context. A request from one partner to see the shared couples record raises a separate question under California Health and Safety Code section 123110, which gives adult patients access to their records, so get legal advice before you respond.
Can I record couples sessions for supervision in California?
Yes, with the written consent of both partners. California makes it a crime to record a confidential communication without the consent of all parties (Penal Code section 632), and the CAMFT and AAMFT codes call for written consent before recording a session (CAMFT Standard 3.5; AAMFT Standard 1.11). Tell the couple who will see the recording, how it will be stored and when it will be deleted, and that either partner may change their mind.
Who is the client in couples therapy?
That depends on what you and the couple agree, so say it in the consent form. The CAMFT Code asks marriage and family therapists to clarify, at the start of treatment and throughout, which people are clients and the relationship the therapist will have with each person (Standard 3.9). Under the ACA Code, the couple is the client unless there is an agreement to the contrary.
References
A.B. 1598, 2025-2026 Reg. Sess., ch. 528 (Cal. 2026). https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1598
American Association for Marriage and Family Therapy. (2016). Managing client information in the context of couples, family, or group treatment. The AAMFT Blog. https://blog.aamft.org/2016/10/managing-client-information-in-the-context-of-couples-family-or-group-treatment.html
American Association for Marriage and Family Therapy. (2026). AAMFT code of ethics. https://www.aamft.org/common/Uploaded%20files/Legal%20Ethics/AAMFT%20Code%20of%20Ethics.pdf
American Counseling Association. (2014). 2014 ACA code of ethics. https://www.counseling.org/docs/default-source/default-document-library/ethics/2014-aca-code-of-ethics.pdf
American Psychological Association. (2017). Ethical principles of psychologists and code of conduct. https://www.apa.org/ethics/code
Butler, M. H., Harper, J. M., & Seedall, R. B. (2009). Facilitated disclosure versus clinical accommodation of infidelity secrets: An early pivot point in couple therapy. Part 1: Couple relationship ethics, pragmatics, and attachment. Journal of Marital and Family Therapy, 35(1), 125–143. https://doi.org/10.1111/j.1752-0606.2008.00106.x
Butler, M. H., Seedall, R. B., & Harper, J. M. (2008). Facilitated disclosure versus clinical accommodation of infidelity secrets: An early pivot point in couple therapy. Part 2: Therapy ethics, pragmatics, and protocol. The American Journal of Family Therapy, 36(4), 265–283. https://doi.org/10.1080/01926180701291253
Cal. Bus. & Prof. Code § 4980.32. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=4980.32
Cal. Bus. & Prof. Code § 4980.49. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=4980.49
Cal. Bus. & Prof. Code § 4982. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=4982
Cal. Civ. Code § 56.10. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=56.10
Cal. Health & Safety Code § 123110. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=123110
Cal. Penal Code § 632. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=632
California Association of Marriage and Family Therapists. (2025). CAMFT code of ethics. https://www.camft.org/ethicscode
Griffin, M. (2016). Key legal and ethical issues for mental health professionals: What therapists should always do, never do and/or really don't have to do [Conference handout]. California Association of Marriage and Family Therapists 52nd Annual Conference. https://cdn.fs.pathlms.com/ZzHS8ngsSmqpBxnNlqGa
Leslie, R. S. (n.d.). "No secrets" policy for family therapy and couple therapy [Sample policy]. California Association of Marriage and Family Therapists. https://www.camft.org/LinkClick.aspx?fileticket=KQM0Klms_Ms%3D&portalid=0
National Association of Social Workers. (2021). NASW code of ethics. https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English/Social-Workers-Ethical-Responsibilities-to-Clients
Zimmerman, T., & Castronova, M. (2021). The solid ground of integrated ethical practice. Family Therapy Magazine, 20(6). https://ftm.aamft.org/the-solid-ground-of-integrated-ethical-practice/

