What Does the Requirement of Full Disclosure Mean in a Collaborative Process Divorce
For those people choosing to proceed with a Collaborative Process divorce, it is likely that the process of ending your marriage will reduce the stress that is inherently associated with such an event.
The Collaborative divorce process provides spouses a way to jointly resolve the issues related to their decision to end their marriage. You and your spouse will work with a team of professionals, including both of your attorneys, to create an agreement that will work best for you and your children. In addition to the two spouses and their attorneys, members of the team may include a family relations specialist and a financial specialist.
An integral part of the Collaborative Process is the written agreement that both spouses are required to sign at the beginning of the process. Under the terms of this agreement, both spouses agree that they will not conceal any material or relevant information from the other during the proceedings. Violating this full disclosure obligation is a material breach of the agreement. Complying with full disclosure means that both spouses must disclose all pertinent details, including financial status (income, assets and debts); and any fact that may affect issues related to the allocation of parental rights and responsibilities, the division of assets and debts or spousal support decisions. If either spouse violates the full disclosure requirement, that will likely cause the Collaborative Process to terminate if the violation is discovered. If the concealment is not discovered until after the case has been concluded, this may result in the case being re-opened with significant adverse consequences to the spouse who concealed the information.