Collaborative Divorce Law
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Collaborative divorce is a type of divorce that focuses on the peaceful procedure of dissolution of marriage. This divorce is governed by the separate law that is known as the collaborative law. It was introduced in the late 1980's.
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. Thus the lawyers are given the responsibility of managing the discussions between a couple.
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. Thus, the preference is given to the favorable solution that acts as a suitable option for both partners
- 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. Thus, the violent behavior or fights are strictly no-no
- 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. Also, it is expected that the partners would not misuse any kind of private information they have
Advantages of Collaborative Divorce Laws
- If the process breaks down, the lawyers are out of their jobs. Thus, they have an economical incentive to make the process successful. The lawyers are held responsible if the discussions between partners do not reach any conclusive result
- 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. There is no occurrence of a situation where partners will be involved in the blame-game and conflicts related to marital faults. Thus the dignity and status of the person is maintained
- In a usual divorce process, children are usually unintentional victims of the process. In collaborative divorce, children are insulated from such an occurrence. Also, they have the advantage of mutual relation between their parents. The children will be kept free from the feeling of insecurity, loneliness and other psychological problems
- Going to court is totally avoided. So, the time and energy while making the endless court appearances is saved
- The collaborative process enables the divorcing parties to participate as friends. It is an informative and empowering process. It also helps to rebuild the mutual understanding between partners and help them to think about each other in a better manner
- 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 compromises are made sincerely and voluntarily. Therefore, the arrangement and implementation of the agreement is easier
- 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. It is observed that cost of contested divorce can go beyond the financial capacity of a person and thus, puts him or her in a bad economical condition. Collaborative divorce law is structured in a way that helps to reduce costs. Thus, the spouses can use their money for planning a better future life
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