合作的法律

Our family law 和 divorce attorneys here at 伍德拉夫家庭律师事务所 in 皇冠足彩网 have experience in resolving difficult family law issues through collaborative law. Collaborative law requires an agreement with your spouse to fairly negotiate a marital dissolution agreement out of Court. In addition, each side's lawyer will agree not to represent that party in Court. Collaborative agreements work best when the spouses have relatively equal bargaining power 和 knowledge of the assets. 合作的法律 is covered under North Carolina General Statutes § 50-70.

定义为N.C.G.S. §50-71, collaborative law is “a procedure in which a husb和 和 wife who are separated 和 are seeking a divorce, or are contemplating separation 和 divorce, 和 their attorneys agree to use their best efforts 和 make a good faith attempt to resolve their disputes arising from the marital relationship on an agreed basis. The procedure shall include an agreement by the parties to attempt to resolve their disputes without having to resort to judicial intervention, except to have the court approve the settlement agreement 和 sign the orders required by law to effectuate the agreement of the parties as the court deems appropriate. The procedure shall also include an agreement where the parties’ attorneys agree not to serve as litigation counsel, except to ask the court to approve the settlement agreement.”

本质上, collaborative law is a process by which all of the parties 和 their attorneys agree to negotiate, 法庭外, a settlement of all the marital disputes. If they are unable to reach an agreed upon settlement of all of the issues, the attorneys who participated in the settlement process are unable to represent the parties in court, 如协议所述. If the parties are successful in reaching a negotiated agreement settling all of the issues, this is called a collaborative law agreement.

There are several requirements in order for a collaborative law agreement to be legally enforceable. 根据N.C.G.S. §50-72, “a collaborative law agreement must be 以书面形式, signed by all the parties to the agreement 和 their attorneys, 和 must include provisions for the withdrawal of all attorneys involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute.“因此, 协议必须签署, 以书面形式, 和 note that the attorneys who represented the parties during the settlement process cannot represent them in court if all of the issues are not settled. 

总结一下, collaborative law is an alternate dispute resolution mechanism that allows the parties to agree that their case will be h和led out of Court. Arbitration can also be utilized if negotiation fails so the time you have invested with your attorney will not be lost in the unfortunate event that your case does not settle. 我们致力于合作法, 以仲裁作为后备, when it is in the best interest of our client. If you desire to learn more about 合作的法律, please make an appointment.