Collaboration
Here are some examples of the types of situations that are appropriate for Collaborative Law:
Divorce
People enter marriage with the hope and belief that it will last forever. There may be disappointment and resentment when a marriage ends, but that does not mean you are enemies and that a divorce has to be nasty. It is possible to have an amicable divorce. What it takes to have an amicable divorce is two people who are willing and able to focus on their future instead of the past, and who want to find a solution that is best for both of them. When people hire Collaborative Attorneys to assist with their divorce, they have advocates who ensure they are informed and protected, without the emotional and financial cost associated with litigation.
Premarital Agreement
The mention of a premarital agreement can bring to mind the stereotypical situation where a wealthy spouse surprises a fiance with a one-sided agreement on the eve of the wedding. In fact, there are many situations where a premarital agreement can be a useful financial and estate planning tool, and it is possible to craft a premarital agreement that is fair to both parties. For example, in a second marriage, where one or both of the parties has children from a previous marriage, a premarital agreement can help clarify what rights the new spouse will have and what rights the children will have in the event of divorce or death. This is important because getting married automatically provides a spouse with certain rights that cannot be waived without written agreement. Other examples include (1) one spouse is involved in a family business and the parties want to ensure that they are both clear about what would happen to the business in the event of divorce or death, (2) one spouse is moving and giving up career opportunities for the other and they want to make sure they are clear about what is being sacrificed and how that person will be provided for in the event of divorce or death, (3) the spouses have different tolerance for investment risk and want to maintain separate financial arrangements to allow them each to save or invest as they feel is appropriate. When viewed as a planning tool, a premarital agreement is no longer a mechanism for unfairly taking away someone’s rights. Rather, it allows for a discussion about a couple’s financial future when there is a clean slate. Hiring collaborative attorneys allows couples to work out their plans together, rather than against each other.