A Collaborative Divorce Participation Agreement is a legal document used in a collaborative divorce process, where both parties agree to work together to reach a fair and mutually acceptable divorce settlement. This approach focuses on cooperation rather than conflict, with the goal of minimizing adversarial proceedings. Here’s a comprehensive template for a Collaborative Divorce Participation Agreement:
Collaborative Divorce Participation Agreement
1. Introduction
This Collaborative Divorce Participation Agreement (the "Agreement") is entered into on [Date] by and between:
- Party A: [Full Name], residing at [Address]
- Party B: [Full Name], residing at [Address]
Purpose: The purpose of this Agreement is to outline the terms and conditions under which the parties will engage in the collaborative divorce process, aiming to resolve their divorce amicably and fairly.
2. Commitment to Collaborative Process
2.1. Voluntary Participation:
- Both parties voluntarily agree to participate in the collaborative divorce process, which includes meetings, negotiations, and the exchange of information aimed at reaching a mutually acceptable resolution.
2.2. Full Disclosure:
- Both parties agree to provide full, accurate, and timely disclosure of all relevant financial information and other pertinent details necessary for the resolution of their divorce.
2.3. Professional Assistance:
- The parties agree to work with collaboratively trained professionals, including attorneys, financial experts, and therapists if needed, to assist in the divorce process.
3. Agreement to Non-Adversarial Resolution
3.1. No Court Action:
- Both parties agree not to initiate or continue any court actions related to the divorce while the collaborative process is ongoing, except to seek temporary relief if necessary.
3.2. Good Faith Negotiation:
- Both parties commit to negotiating in good faith, with honesty, transparency, and respect, and to seeking mutually acceptable solutions to all issues.
3.3. Confidentiality:
- All discussions, communications, and documents exchanged during the collaborative process are confidential and cannot be used in court if the collaborative process fails and litigation ensues.
4. Process and Procedures
4.1. Meetings:
- The parties will schedule and attend regular meetings to discuss and negotiate the terms of the divorce, with the goal of reaching a fair agreement.
4.2. Professionals Involved:
- The parties will jointly select and work with collaboratively trained professionals, including:
- Attorneys: [Names and contact information]
- Financial Experts: [Names and contact information]
- Therapists or Mediators (if applicable): [Names and contact information]
4.3. Document Preparation:
- The parties agree to jointly prepare and review all necessary documents related to the divorce, including financial statements, settlement proposals, and final agreements.
5. Agreement to Terminate Collaboration
5.1. Termination of Collaborative Process:
- Either party may terminate the collaborative process at any time if they believe it is not proceeding constructively. Upon termination, the parties may pursue traditional litigation.
5.2. Withdrawal of Professionals:
- If the collaborative process is terminated, the collaboratively trained professionals involved will withdraw, and the parties will seek new representation if litigation proceeds.
6. Final Settlement and Legal Formalities
6.1. Drafting Settlement Agreement:
- Once an agreement is reached, the parties will draft a formal settlement agreement outlining the terms agreed upon. This agreement will be reviewed and approved by both parties and their attorneys.
6.2. Legal Formalities:
- The parties agree to submit the final settlement agreement to the court for approval and to complete any necessary legal formalities to finalize the divorce.
7. Signatures
By signing below, both parties acknowledge and agree to the terms and conditions outlined in this Collaborative Divorce Participation Agreement.
Party A:
- Signature: _______________________
- Name: [Full Name]
- Date: [Date]
Party B:
- Signature: _______________________
- Name: [Full Name]
- Date: [Date]
Collaborative Attorney for Party A:
- Signature: _______________________
- Name: [Full Name]
- Date: [Date]
Collaborative Attorney for Party B:
- Signature: _______________________
- Name: [Full Name]
- Date: [Date]