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The participation agreement is a critical component of the collaborative divorce process. During this process you and your partner agree to participate in the process in an effort to hash out the terms of your divorce without the need for a trial and a ruling from a judge. The collaborative divorce process can not only help to speed up the process but it can give the couple more of a say in the outcome of the divorce.

Essentially if the divorce is completed during the collaborative divorce process the couple has agreed on all of the terms of the divorce. This does not mean both parties are getting exactly what they want in the divorce but it does mean they are both in agreement about the final terms even if they did have to make some compromises along the way. The distinction is they made compromises they were willing to make instead of going to trial and having a judge make a ruling they may not agree with.

This article will provide some great information on the parts of the participation as well as what you should know before you sign this type of agreement. If you want more information though check out these ebooks written specifically for men and women who are going through a divorce.

The Parts of the Participation Agreement

Signing the participation agreement is one of the first steps you and your partner will take during the collaborative divorce process. This agreement will be signed by you, your spouse and both of your attorneys.

One section of the participation agreement has to do with financial information. Under this agreement, you and your spouse agree to not withhold any financial information. This is a very important section because you and your spouse can only make well informed decisions about how financial assets will be divided if you have all of the necessary information.

There is also typically a clause in these types of agreements which ensures confidentiality. This is another very important clause because it helps to ensure the couple is able to discuss sensitive issues openly without fear of information from these sessions being made available to other parties. Failure to include this clause can be devastating if one of the partners is not completely honest and withholds important information.

Still another clause of this type of agreement specifies that the couple will not go to court for resolution. However, it is important to note this contract can be dissolved if it becomes evident that the couple will not reach an agreement on all of the terms of the divorce. If an agreement cannot be reached, the contract is dissolved and both parties must find new attorneys to represent them during the court proceedings.

Another important part of the participation agreement authorizes your attorneys to obtain a divorce decree on your behalf. This final decree will be based on a written agreement reached by you and your partner during the collaborative divorce process.

Before You Sign a Participation Agreement

There are some steps you should take before you sign a participation agreement during the collaborative divorce process. First of all it is important for you to read and comprehend all of the terms of the agreement. If you do not understand some of the terms have your attorney explain them to you before you sign. These agreements are usually pretty standard but you want to make sure there are no terms which can be detrimental to you in the future.

Next, it is really important to consider whether or not you have faith you and your partner can come to an agreement on all of the terms of your divorce. If the two of you have difficulty communicating and do not agree on a number of different terms, it can be difficult to reach an agreement. When this happens the collaborative divorce process can drag on endlessly and ultimately end up in divorce court.