The Collaborative Divorce Agreement

You and your spouse have decided that Collaborative Divorce is right for your

family, you’ve hired attorneys, a financial neutral and a divorce coach / child specialist so what’s next? A Collaborative Divorce Agreement.

The Collaborative Divorce Agreement is a contract where both spouses, attorneys, the financial neutral and the divorce coach / child specialist formally commit to the Collaborative Divorce process. Contained within the Agreement is a commitment to resolve disputes without court intervention, to share information openly, to negotiate in good faith, to put the best interests of the children first and that if the Collaborative Divorce breaks down and either party withdraws from the Collaborative process, you are not able to use your collaborative attorney for litigation purposes.

The requirement that you essentially fire your collaborative attorney and have to

hire a new litigation attorney is a core feature of the Collaborative Divorce process, often times referred to as the glue that holds the process together. There are several reasons why including this provision in the Collaborative Divorce Agreement is

important:

1. It creates a meaningful commitment to the Collaborative Divorce process and the

   intention to settle your case outside of court;

2. It prevents a rash decision to switch to litigation given the investment of time and money in the Collaborative Divorce process which would be lost if forced to switch attorneys; and

3. It protects both parties by creating a clear boundary between collaborative

   negotiations and courtroom advocacy.

In summary, the Collaborative Divorce Agreement is designed to set forth roles

and responsibilities, lay out expectations and capture everyone’s commitment to the

Collaborative Divorce process. Once the Collaborative Divorce Agreement is signed,

you’re ready to officially begin your Collaborative Divorce.