There are divorce cases where the feeling of separation is mutual and agreed upon. This type of separation is called mutual separation and usually the collaborative law is put into effect. The most important part of the collaborative separation is the Participation Agreement.
The agreement stipulates that the lawyers will do their best to try and resolve the case in a collaborative manner, and refrain from leading the divorce case into a litigation case. If this happens, the lawyers involved are required to disqualify themselves from the divorce case. This was made to insure that the lawyers that are associated with the case will only have the client’s best interest on hand. Bringing the matter to court is the last thing anyone wants right now.
That neither of the two parties will take advantage of any mistake the other party might make. This is to make sure that trust is still established amongst both parties on the matter that children will be involved. Also the fact that while under the process of collaboration, any short term mistake taken advantage of might lead to long term distrust. It is important that both parties exercise honesty and a fair sense of judgment.
Both parties are not to hide anything essential to the discussions. Lawyers and attorneys however, are not required to disclose anything personal or anything that is considered private and protected by law for their client’s best interest. This works in accordance with the second emphasis on trust. Trust within the party, between lawyer and client.
All experts part of the discussions will be a neutral third party. Most experts hired for the collaborative case should be impartial and obliged to release truthful results in terms of mental, financial and other aspects important to the divorce. And everyone should also work in courtesy and good faith. Always be reminded that this case was made to end a broken marriage in the most dignified manner and with closure for both parties.
To find out exactly how to go around working with divorce, visit this website about divorce and when to do it.
