In the participation agreement, the divorcing couple must be mutually respectful and agree to have an open and honest exchange of information.
If a determination is made that one of the parties is dishonest or fails to disclose pertinent information, the attorneys have an obligation to make everyone at the table aware. This may lead to a breakdown of the collaborative process due to the good faith as well as bad faith disputes. In the event of a breakdown your collaborative attorney cannot represent you in the court process and you may incur additional fees to retain another attorney.
The collaborative participation agreement requires the collaborative attorneys to withdraw from representation if the participant is dishonest or acting in bad faith.
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