Is a Collaborative Divorce settlement legally binding?
Yes. Collaborative Divorce is as legally binding as going through the court system.
A common misconception about divorce is that going to court and getting a court order is the only way to have legally binding documents. This isn’t true. Divorce is never easy. But you can do it in a way that doesn’t destroy your family or your finances.
Collaborative Divorce allows you to reach a dignified divorce resolution without a courtroom. You get to sit down as civilized adults and work out the details of a settlement with a team of qualified professionals. This can assist you and your family avoid the trauma often associated with the litigation approach. The focus is on respectfully ending a marriage and restructuring a family. It’s less stressful, often less expensive, and less time-consuming than traditional divorce.
You have a lawyer specifically trained in Collaborative Divorce, and your former spouse chooses one as well. The role of the Collaborative Divorce lawyer is to provide legal advice, assist with settlement discussions, and help you understand your rights and options.
A Collaborative Lawyer helps you clarify and express your goals and interests throughout the process. They will also analyze options with you so that you fully understand the benefits and limitations. This method gives you more control over the divorce process and the outcome. It is also, usually faster and more cost-effective than the judicial process, which can stretch out for months or even years. Once you agree on an acceptable resolution, the attorneys prepare the final settlement documents.
What documents come out of the Collaborative Divorce process?
Once you come to an agreement, your settlement documents may include:
- a consent order for child custody and child support arrangements, which is signed by a Judge
- a private, confidential, and legally-binding settlement agreement for the division of property (assets and debts), and spousal support, if applicable,
- and a “friendly action” lawsuit to file for divorce and entry of a consent order, if applicable.
Resolution through collaboration will give you more control over the language used in these documents. But the documents will either be notarized or entered by the Court to make them legally binding.
Are the agreements reached in the Collaborative Divorce process enforceable?
After the documents are signed, they become legally binding and enforceable.
If you or your former spouse do not live up to the obligations in the collaborative settlement agreement, there are clear steps to resolution laid out in the agreement. This may include a return to the Collaborative Divorce process, mediation, arbitration, or a Motion for Contempt. That may seem surprising if you didn’t go to court in the first place, but a settlement agreement is taken seriously whether it is a result of collaboration, mediation, or litigation.
Collaborative divorce lawyers are trained in approaching the process differently. They focus on communicating in good faith and include other professionals’ insights. The process may look a little bit different than other divorces, but the documentation of the outcome is the same and just as formal and binding. If you are going through a divorce, consider the Collaborative Divorce process. It will give you more control over your and your family’s future.
About Claire Samuels
Claire Samuels is the founder of Claire Samuels Law, PLLC – a family law and divorce mediation firm in Charlotte, NC. After litigating high conflict cases for over a decade, Claire started her firm with the idea of being a “peaceful warrior” and offering her clients A Becoming Divorce. A holistic approach to divorce that provides advocacy aligned with core values, empowers clients to make decisions from a place of strength, promotes healing and minimizes trauma.
Claire understood the fear and uncertainty inherent in most divorce cases and knew her clients needed more than just expert legal advice. So, she pulled together a powerhouse group of women dedicated to supporting her clients throughout the process and beyond. Claire and her Curated Community work with clients and show them how they can use their divorce as a catalyst for transformation and create a solid foundation to start their best life.