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Sample Collaborative Divorce Participation Agreement

If you are considering or going through divorce, there are two terms you should become familiar with:  collaborative divorce and collaborative divorce participation agreement.

Collaborative divorce is a form of private dispute resolution where you, your spouse, and your attorneys agree from the beginning that they will not fight in court.  You agree that you do not want to subject yourselves, your children, your business, and your friends and family to an adversarial, hostile, and public court system.  You just want to move on to your better future in the least painful way possible.

Though there are statutes and rules that interact with the collaborative divorce process, it is mainly governed by a contract, known as a collaborative divorce participation agreement.  This is an agreement that you and your spouse sign.  Because the collaborative divorce process is very different than the traditional divorce process, it is important that you have a complete understanding of your collaborative divorce participation agreement and walk through the agreement thoroughly with your attorney.

Below is a sample collaborative divorce participation agreement that I often use in my cases here in Tampa Bay.  Keep in mind that there are a lot of variations of this agreement, and different communities use different participation agreements.  In fact, I use different participation agreements depending on the circumstances of the family and what type of resolution they are trying to reach (i.e., divorce, post-divorce, prenuptial agreement, or postnuptial agreement).

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Next Generation Divorce

Sample Collaborative Participation Agreement

Is divorce on your horizon?  If so, are you fearing entering a public adversarial system where husband is pitted against wife, and mother is pitted against father?  Fortunately, there are alternatives.  One alternative is the collaborative divorce process, where you and your spouse sign a participation agreement that states, among other things, that your attorneys can only be used to help you reach an agreement outside of court.  This means that none of you or your attorneys’ time, energy, or billable time goes towards opposition research, motion practice, or costly trial preparation.

The collaborative participation agreement spells out the rules of the collaborative process.  Below you will find a sample participation agreement that I oftentimes use in my cases here in Florida.  Please note that different professionals and different communities use different participation agreements.  Further, the same professional may have different participation agreements depending on the type of matter or the complexity of the matter.

As I have had the fortune to model my participation agreement based on the work of others, I welcome other professionals to modify and adapt the collaborative participation agreement below as their own:

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Collaborative Law Rules at Florida Supreme Court

Collaborative Law Rules Approved by Florida Supreme Court

On May 18, 2017, the Florida Supreme Court published an opinion approving collaborative law rules.  The collaborative law rules are the last step necessary before Florida’s Collaborative Law Process Act goes into effect.

The opinion approves Rule Regulating the Florida Bar 4-1.19 and Florida Family Law Rule of Procedure 12.745.

Rule Regulating the Florida Bar 4-1.19

Florida Bar Rule 4-1.19 is a rule of professional conduct.  It creates certain obligations of attorneys representing clients within the collaborative process.  Among other things, the rule requires collaborative lawyers to do the following when contemplating collaborative practice with a client:

  • Provide sufficient information about the benefits and risks of the collaborative process;
  • Explain alternatives to the collaborative process, including litigation and mediation;

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