What is covered by a collaborative divorce participation agreement?

Couples who want to divorce without having to go through litigation generally opt for collaborative divorce, wherein the couple has to agree in signing that they will work with their individual lawyers and other family professionals so that the couple’s needs and those of their children’s are addresses. This collaborative divorce participation agreement binds the couple to the process and bars their individual lawyers from representing either of them in any domestic litigation that may ensue after the divorce.

Adversarial processes are avoided by collaborative family law, just like basic mediation does. The only difference is that collaborative law states that the couple must not take their divorce to any litigation. Moreover, mediation is usually required by the litigation process. In the collaborative divorce participation agreement, the couple’s individual lawyers facilitates resolution of issues in the interest of each spouse while in mediation, the mediator remains in the middle and neutral.

The collaborative divorce participation agreement is a contract between the divorcing couple, and stipulates that:

• In the event the divorce process fails, the couple’s individual lawyers will be disqualified from any subsequent litigation;
• The couple must reveal all pertinent information;
• Every disclosure made will remain confidential;
• One spouse cannot take advantage of mistakes made by the other;
• Specialists and experts retained to facilitate in the process must be jointly hired by the couple and they must remain neutral;
• Everyone agrees to act in a courteous manner and always in good faith.

If necessary, collaborative divorce may bring in the services of the third party professionals. Generally these are trained experts like mental health practitioners and financial advisors. If the couple has any children, children specialists may be sought for advice on parenting issues.