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enforcibility of collaborative law

  • geministar
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13 Nov 2011 23:08 #297807 by geministar
Topic posted by geministar
hi

I'm in the process of a collaborative divorce. we 've had 2 4 way meetings but my ex isnt sticking to what has bene agreed in those meetings in terms of maintenance payments and attending meetings with the child counsellor to discuss child care arrangements

he refuses to disucss childcare issue in the 4 way meetings or give any ground on the finances long or short term

I'm worried that having spent 4K now that he wont stick to the final agreement. He is also refusing to sign divorce papers until he receives money from the settlement ( im trying to buy him out)

I'm now regretting this process and I think he wont cooperate anymore and everything may have been in vain. He has a history of ocntrolling and abusive behaviour ( hence the divorce)


If we stop the process we both have to get new lawayer and start again.

anyway to cut a long story short . does anyone know if the legal document produced from the meeting binding and enforcable in terms of agreements made in teh same way a court related divorce is ?

cheers

  • .Charles
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14 Nov 2011 09:53 #297855 by .Charles
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If the parties enter into an agreement that will be binding but it doesn't sound as though that is likely.

In collaborative law, the parties have to sign a participation agreement in which both parties agree to particulate without conflict.

If one or both parties cannot continue to comply with the terms of the participation agreement, the collaborative law process has to be abandoned and the parties each have to find new solicitors. This seems the most likely course of action I'm afraid.

Charles

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