Collaborative Divorce Law
Divorce Papers > Collaborative Divorce > Collaborative Divorce Law
A Collaborative Law is a novel method of resolving conflicts. The aim of this law is to provide a substitute to the method of fighting and winning. The dispute is not fought over in a court room. Rather the ideology of troubleshooting and problem solving is employed. As per this divorce law, both spouses hire separate lawyers. It is the work of these lawyers to settle the dispute without entering the court.
Contractual Agreement as per Collaborative Divorce Laws
As per the Collaborative Divorce Law, every party signs a contractual agreement that comprises of the following terms.
- None of the parties should attempt or threaten to attempt court action to find a solution to the conflict. In case any party approaches the court, the lawyers must withdraw and the divorce process starts afresh in the court
- The prime intention of the procedure is to collaborate in the direction of an amicable resolution that generates a "win-win" condition for all those concerned
- The divorcing parties accede with each other that wherever essential they would hire outside experts. The parties would use their services in a cooperative manner and share the expenses of these experts
- All the participants of the divorce process accede with one another to cut off the children from this process. The participants agree to behave in such a manner so that the impact of the divorce on the children would be minimal
- Both the parties accede to behave respectfully towards one another. They also decide to prevent vilification of any participant
- Every party decides that they would honestly and candidly reveal all information and documents pertaining to the divorce issues. If any partner comes across an inadvertent error or miscalculation, such a partner would not take undue advantage of it. Rather, the partner would aim at identification and correction of such mistakes
Advantages of Collaborative Divorce Laws
- If the process breaks down, the lawyers are out of a job. Thus, they have an economical incentive to make the process successful
- The divorcing parties take part in the process as a team. The perspective is of finding a resolution to the problem rather than an adversarial one. The information is exchanged in an honest, informal and consummate manner
- In a usual divorce process, children are usually unintentional victims of the process. In collaborative divorce, children are insulated from such an occurrence
- Going to court is totally avoided
- The collaborative process enables the divorcing parties to participate as friends. It is an informative and empowering process
- In a divorce process, court has limited data on basis of which it issues solutions that are akin to forcing square pegs in round holes. As per collaborative law, the divorcing partners can craft their own decisions tailor made to their individual requirements
- The exchange of data is honest, informal, candid and open. Hence, this process is less time and money consuming
- The money spent on lawyers is saved
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