Is a collaborative divorce binding?

The answer to the question: Is a collaborative divorce binding? in Delaware is yes. Collaborative Divorce Law is a process whereby the parties to a divorce voluntarily agree to work together to reach a settlement that is in the best interests of all involved. When the parties enter into a ‘Collaborative Participation Agreement’ it binds them to the process and they cannot take the case to court should settlement negotiations fail. Each party must have their own attorney throughout the process. The attorneys and the parties then engage in voluntary settlement discussions, exchange of necessary information, and other negotiation strategies such as mediation and/or arbitration. This is all done outside the confines of the court system. Should the parties reach an agreement, the attorneys will draft a settlement agreement that is filed with the court and accepted by the Court as a voluntary agreement. The agreement is then legally binding upon the parties, who are legally obligated to comply with the terms of the settlement agreement. If no settlement is reached, the attorneys withdraw from the case and the parties must resolve their differences through the court system. This protects the parties from having to pay for an attorney to litigate the matter in court. In summary, a Collaborative Divorce is a binding agreement if the parties enter into it voluntarily and reach a settlement. It is important that each party has their own attorney to ensure that the process is conducted properly.

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