Thursday 13 September 2012
What are some of the Key Elements or "Rules" of collaborative divorce?
1. The participants and their respective collaborative attorneys make a pledge not to go to court. Both attorneys and other team professionals will withdraw from the process if either participant goes to court
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2. There is a commitment of cooperation, respect and integrity and a respectful, creative effort to meet the legitimate needs of both participants and their children, if children are involved.
3. In collaborative divorce, there is an open, honest exchange of information. The participants freely disclose all financial information and pertinent material. Neither participant takes advantage of the miscalculations or mistakes of the others. Errors are identified and corrected.
4. If children are involved, both participants insulate the children from their disputes and, if custody becomes an issue, professional custody evaluations are avoided.
5. Both participants may use the same coach, child specialist, financial specialist and pension attorney. All such experts, if involved during the collaborative process, will be retained jointly and remain neutral third parties.
6. In collaborative divorce, the attorneys must guide the process to settlement or withdraw from further participation in the divorce process. Unlike adversarial lawyers, who remain involved whether the case settles or a trial is held, your collaborative attorney can no longer assist you should you decide to litigate.
7. In collaborative divorce, both participants have equal access to the family's funds to ensure that they both have access to professionals including collaborative attorneys of their choosing.
8. All information exchanged between the participants and their respective attorneys in the joint meetings remains confidential.
2. There is a commitment of cooperation, respect and integrity and a respectful, creative effort to meet the legitimate needs of both participants and their children, if children are involved.
3. In collaborative divorce, there is an open, honest exchange of information. The participants freely disclose all financial information and pertinent material. Neither participant takes advantage of the miscalculations or mistakes of the others. Errors are identified and corrected.
4. If children are involved, both participants insulate the children from their disputes and, if custody becomes an issue, professional custody evaluations are avoided.
5. Both participants may use the same coach, child specialist, financial specialist and pension attorney. All such experts, if involved during the collaborative process, will be retained jointly and remain neutral third parties.
6. In collaborative divorce, the attorneys must guide the process to settlement or withdraw from further participation in the divorce process. Unlike adversarial lawyers, who remain involved whether the case settles or a trial is held, your collaborative attorney can no longer assist you should you decide to litigate.
7. In collaborative divorce, both participants have equal access to the family's funds to ensure that they both have access to professionals including collaborative attorneys of their choosing.
8. All information exchanged between the participants and their respective attorneys in the joint meetings remains confidential.
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