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Collaborative Practice Divorce and Prenups
Family Law Section
Credit(s):
1 Legal Specialization in Family Law
1 Participatory MCLE Credits
The Collaborative Practice model for divorce is an important way of reaching agreements, including about highly contentious issues, with difficult personalities and entrenched family dynamics. It can vest the decision-making power in the hands of the clients while giving them assistance from professionals to address power imbalances, emotional dynamics, and legal and financial issues. These professionals can include mental health professionals, child specialists, real estate specialists and financial planners.
Contrary to popular belief, Collaborative Practice is neither more expensive nor does it take longer than the traditional divorce process. In a multiyear survey conducted by the International Academy of Collaborative Professionals between 2006-2010, the average total fees paid to the professionals involved in collaborative cases was under $25,000. Almost 80% of collaborative cases were resolved within one year.
Collaborative Practice for prenups is also a vastly different model from the traditional prenup process. It is centered on legal education and planning, followed by four-way meetings to discuss whether there is a need to deviate from the default provided under the law. If so, the team discusses what the terms should be before anyone starts drafting.
Topics - General understanding of the Collaborative Practice process for conflict resolution - Collaborative divorces - Collaborative premarital planning and agreements - Ethics in Collaborative Practice
1 Legal Specialization in Family Law
1 Participatory MCLE Credits
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