Collaborative law

Collaborative law, also known as collaborative practice, divorce, or family law,[1] is a legal process through which couples who have decided to separate or end their marriage work together with a team of collaboratively trained professionals including lawyers, divorce coaches, and financial professionals to achieve a settlement that meets the needs of both parties and their children without the need for litigation. The process allows parties to obtain a fair settlement while minimizing the time, cost, uncertainty, and acrimony that can accompany a litigious divorce or separation. Couples initiate this voluntary process by signing a contract (a "participation agreement") binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family-related litigation.[citation needed]

The collaborative law process can also facilitate a broad range of other family issues including disputes between parents and the drafting of pre- and post-marital (or prenuptial and postnuptial) contracts. Given the oppositional nature of the traditional method of creating pre-marital contracts, many couples prefer to begin their married life with documents drawn up consensually and mutually.[2]

Collaborative law processes have the added benefit of being cost-efficient for the involved parties. Assigning all the necessary tasks to specialized professionals without duplicating effort reduces costs for the parties.[3] These cost efficiencies, in addition to other potential benefits, have led parties in other contexts to explore the use of collaborative law to resolve disputes, including M&A transactions.[4]

  1. ^ See "History" in this article, and Footnote 4.
  2. ^ "Law Society Gazette Collaborative Pre-Nups". Lawgazette.co.uk. Archived from the original on 4 March 2012. Retrieved 31 December 2011.
  3. ^ "The Efficiency of the Collaborative Divorce Settlement Process". Axelrod Collaborative Law. 24 March 2014. Retrieved 24 March 2014.
  4. ^ Fabian, Christian. "Is Collaborative Law an Option for Resolving M&A Disputes". Transaction Advisors. ISSN 2329-9134.

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