Collaborative Divorce Participation Agreement

COLLABORATIVE DIVORCE PARTICIPATION AGREEMENT

This Collaborative Divorce Participation Agreement ("Agreement") is entered into on [__/__/____] ("Effective Date"), by and among:

I. PARTIES AND COUNSEL

Attorney for First Spouse: [________________________________]

Attorney for Second Spouse: [________________________________]

The parties acknowledge that each has retained independent legal counsel experienced in collaborative family law to represent their respective interests throughout this process.

II. PURPOSE AND PRINCIPLES

The parties and their attorneys commit to resolving all matters in this divorce—including division of property, allocation of debts, custody, visitation, and support—through the collaborative process rather than litigation.

The collaborative process is built on the following principles:

☐ Good-faith negotiation toward mutually acceptable solutions
☐ Full and transparent disclosure of all relevant information
☐ Respect for the interests and dignity of both parties
☐ Recognition of the family's welfare, particularly any children
☐ Commitment to proportional and efficient cost management
☐ Participation of jointly-retained neutral professionals when needed

III. VOLUNTARY PARTICIPATION AND NO COURT INTERVENTION

The parties understand and agree that:

☐ Participation in this collaborative process is voluntary. Either party may withdraw at any time.

☐ The parties commit to resolve disputes without court intervention or litigation unless this Agreement is terminated.

☐ If either party files court proceedings (except for protective orders in emergencies), this Agreement terminates and the disqualification clause becomes effective.

☐ The parties will not serve discovery requests, subpoenas, or motions on each other except by mutual written consent.

IV. FULL VOLUNTARY DISCLOSURE

Each party agrees to provide complete, accurate, and timely disclosure of all information material to the divorce, including:

Financial Information:
☐ Tax returns (past three years)
☐ Pay stubs, W-2s, and employment records
☐ Bank and investment account statements
☐ Retirement account statements (401(k), IRA, pension)
☐ Life and health insurance policies
☐ Mortgage statements and property deeds
☐ Loan documents and debt obligations
☐ Business valuations (if applicable)
☐ Complete list of separate and marital assets

Parenting Information (if minor children):
☐ Complete medical and school records for children
☐ Childcare arrangements and history
☐ Assessment of each parent's caregiving capabilities

Other Material Information:
☐ Prenuptial or postnuptial agreements
☐ Prior settlement offers or agreements
☐ Inheritance or gifts received

Each party makes this disclosure under oath and subject to penalty of perjury.

V. GOOD-FAITH NEGOTIATION OBLIGATIONS

The parties and their attorneys commit to:

☐ Attend all scheduled meetings prepared and on time

☐ Listen to the other party's interests and concerns with respect

☐ Present positions honestly and support claims with evidence

☐ Negotiate toward resolution in good faith, not to delay or obstruct

☐ Consider all reasonable proposals and options offered

☐ Consult with appropriate professionals when specialized knowledge is required

☐ Work to reduce costs by prioritizing issues and resolving them efficiently

☐ Communicate respectfully, avoiding conduct designed to intimidate or coerce

VI. ATTORNEY DISQUALIFICATION CLAUSE

CRITICAL PROVISION: The parties acknowledge and agree that both attorneys are bound by the disqualification clause. This means:

☐ If the collaborative process terminates and either party initiates or threatens contested litigation, both attorneys must withdraw and may not represent either party in court.

☐ The attorneys will not represent either party in any litigation related to this marriage, including in trial, summary judgment, mediation, or arbitration.

☐ Withdrawal is mandatory and occurs automatically upon the filing of any contested court action or material threat of litigation.

☐ Any work product, settlement discussions, and communications generated during the collaborative process remain confidential and are not available for litigation.

☐ The terminating party may not use collaborative discussions, proposals, or documents as evidence in any subsequent proceeding.

VII. NEUTRAL EXPERTS AND JOINT PROFESSIONALS

The parties may jointly retain neutral professionals to assist with specialized matters:

Possible neutral professionals include:

☐ Financial Neutral: Analyzes and values property, debts, and support obligations

☐ Child Specialist: Evaluates parenting arrangements and the best interests of children

☐ Mental Health Professional: Facilitates communication and identifies emotional barriers to settlement

☐ Business Valuation Expert: Values closely-held businesses or professional practices

☐ Real Estate Appraiser: Values real property

Any neutral professional will be chosen by mutual agreement and will sign an agreement acknowledging the collaborative process and the disqualification clause.

VIII. CONFIDENTIALITY AND PRIVILEGE

All communications, documents, and statements made in the collaborative process are confidential and protected. They may not be disclosed or used in any litigation.

Exceptions:

☐ Information required by law to prevent harm to a child

☐ Information regarding abuse or threats of violence

☐ Information necessary to enforce a final agreement

☐ Financial documents already in the possession of both parties

The parties agree that no oral statements, written proposals, or settlement discussions from the collaborative process will be admissible in any court proceeding.

IX. INTERIM AGREEMENTS

Temporary Support and Parenting Arrangements:

The parties may reach agreement on temporary issues (child support, spousal support, parenting schedules, asset use) while other issues are being negotiated. Any interim agreement will be documented in writing and reviewed by both attorneys.

Status quo: Until interim agreements are reached, each party agrees to maintain the current arrangement regarding the family residence, vehicles, and children.

X. TERMINATION OF THE COLLABORATIVE PROCESS

The collaborative process terminates if:

1. Either party files a contested court action or petition

2. Either party gives written notice of withdrawal (with 10 business days' notice)

3. The parties and attorneys mutually agree the process is at impasse or no longer viable

4. An emergency protective order is obtained (the process may resume after the emergency is resolved)

XI. CONSEQUENCES OF LITIGATION

The parties understand that if they abandon the collaborative process:

☐ Both attorneys immediately withdraw and cannot continue representation

☐ All collaborative communications, drafts, and settlement discussions remain confidential

☐ They must retain new attorneys, incurring additional legal fees

☐ The collaborative work product is lost and litigation must begin anew

☐ The case will be resolved through court proceedings, which are public and may result in an imposed outcome neither party prefers

☐ Litigation typically costs significantly more and takes longer than collaborative resolution

XII. ACKNOWLEDGMENTS

Each party acknowledges:

☐ I have read and understand this entire Agreement

☐ I have had the opportunity to discuss this Agreement with my attorney

☐ I voluntarily agree to participate in the collaborative process

☐ I understand the disqualification clause and its consequences

☐ I understand that if litigation occurs, both attorneys must withdraw

☐ I understand that I will incur attorney's fees if the collaborative process terminates

☐ I am not being coerced or pressured to sign this Agreement

XIII. SIGNATURES

FIRST SPOUSE:

_________________________________
Signature

_________________________________
Printed Name

Date: [__/__/____]

SECOND SPOUSE:

_________________________________
Signature

_________________________________
Printed Name

Date: [__/__/____]

ATTORNEY FOR FIRST SPOUSE:

_________________________________
Signature

_________________________________
Printed Name

State Bar #: [____________________]

Date: [__/__/____]

ATTORNEY FOR SECOND SPOUSE:

_________________________________
Signature

_________________________________
Printed Name

State Bar #: [____________________]

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

• Uniform Collaborative Law Act (UCLA): Adopted in more than 20 states; provides statutory framework for collaborative law processes
• International Academy of Collaborative Professionals (IACP): Standards for collaborative practice and professional conduct
• State-Specific Collaborative Family Law Statutes: Consult your jurisdiction's enabling statute for requirements specific to your state (e.g., Illinois Collaborative Law Act; Texas Family Code § 15.0031)
• American Bar Association: Model Standards of Conduct for Collaborative Practice