Section 4 - Requirements for Collaborative Family Law Participation Agreement

As amended through November 4, 2024
Section 4 - Requirements for Collaborative Family Law Participation Agreement
(a) A collaborative family law participation agreement must:
(1) be memorialized in a record;
(2) be signed by the parties;
(3) state the parties' intent to resolve a collaborative family law matter through a collaborative law process under this Rule;
(4) describe the nature and scope of the collaborative family law matter;
(5) identify the collaborative lawyer who represents each party in the process; and
(6) contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative family law process.
(b) A collaborative family law participation agreement must include provisions for:
(1) the parties to forgo seeking intervention of the court in the collaborative family law matter while the parties are using the collaborative family law process; and
(2) jointly engaging any professionals, experts, or advisors serving in a neutral capacity, and
(3) mandatory withdrawal from the case by both collaborative lawyers if one or both of the parties chooses to terminate the collaborative process and in fact moves the matter into litigation. This requirement of mandatory withdrawal may not be waived by the parties or their respective collaborative lawyers.
(c) Parties may agree to include in a collaborative family law participation agreement additional provisions not inconsistent with this Section, including but not limited to agreements for payment of professional fees.
Adopted by order filed and effective 4/1/2019.