VIDEO: Groundbreaking Florida Collaborative Divorce Law Went Into Effective July 1
By Space Coast Daily // July 2, 2017
creates alternative to litigation for family matters
ABOVE VIDEO: The Collaborative Law Process Act went into effect on July 1 and creates a new alternative to litigation for family matters in Florida – the Collaborative Process. The Florida Supreme Court recently adopted Florida Bar Rules and Professional Responsibilities on the Collaborative Process.
TALLAHASSEE, FLORIDA – The Collaborative Law Process Act went into effect on July 1 and creates a new alternative to litigation for family matters in Florida – the Collaborative Process.
The Florida Supreme Court recently adopted Florida Bar Rules and Professional Responsibilities on the Collaborative Process.
“Now that we have a Collaborative Process act and rules, I anticipate that more attorneys will offer the Collaborative Process to their clients,” said Robert J. Merlin Esq., a Coral Gables Collaborative Attorney who argued for the adoption of the rules.
The Collaborative Process is a method of resolving a couple’s differences in a family matter through voluntary settlement negotiations rather than litigating in court. The FACP has worked with the Family Law Section of the Florida Bar for over five years to achieve this milestone in Florida family law.
“Married couples in Florida now have a process in which they can divorce with dignity, privacy and without destroying their family,” said Edward Sachs CPA/ABV CFF, President of the Florida Academy of Collaborative Professionals.
The FACP Annual Conference, a gathering of over 200 Collaborative Professionals, just concluded in Tampa.
The Florida Academy of Collaborative Professionals is a nonprofit statewide membership organization comprised of family law attorneys, financial and mental health professionals practicing independently and in Collaborative practice groups focusing on out-of-court dispute resolutions for families in crisis.
Benefits of the Collaborative Process
Private – all information is kept confidential during negotiations unlike a court proceeding where all information is public record
Child-centered – the best interests of the children are protected by all the professionals
Client-controlled – the participants determine the pace of resolution and the outcome; instead of a stranger to the family
Cost-effective – using the Collaborative Process can be less expensive than litigation
Respectful – the professionals have all been trained to model and shape productive option building towards decisions that work for the entire family. Family relationships are preserved, not damaged.
Team Approach – instead of relying solely on a lawyer for all aspects of the divorce, a professional team is formed with expertise in financial, relationship and parenting issues.
What is the Collaborative Process?
The parties each hire their own specially-trained attorneys. The parties and their attorneys meet jointly to privately and respectfully negotiate the settlement of all issues involved.
A Participation Agreement is signed by all the parties and includes a commitment not to use court proceedings. Information and documents are voluntarily exchanged without the necessity of going to court.
Mental health professionals act as facilitators to assist the parties with issues involving the couple’s children (custody, parenting plans) and to help them stay focused on resolving their differences rather than attacking each other.
When there are financial issues involved, a neutral financial expert, such as a certified public accountant or a financial planner, is retained to gather information about the couple’s assets, liabilities, income and expenses, and to help the parties negotiate a settlement of their finances issues.
If a settlement cannot be reached, the attorneys agree in the Participation Agreement that they must withdraw from further representation of the clients and cannot litigate the matter. This gives the attorneys an incentive to reach a fair settlement.
For more information log on to CollaborativePracticeFlorida.com
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