01
No Contested Court
Both parties commit to resolving every issue through negotiation rather than contested motions or a trial.
Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Collaborative Divorce / Participation Agreement
Participation Agreement · Virginia
The document that starts everything.
Every collaborative case opens with one signed contract. It commits both spouses and both attorneys to settle out of court. Before you sign, we make sure you understand every promise inside it, including the one that gives the process its power.
First call is a conversation, not a commitment.
The Short Answer
The participation agreement is the contract both spouses and both attorneys sign to open a collaborative case. It commits everyone to settle without litigation, disclose finances honestly, and work in good faith. Inside it sits the disqualification clause: if the case goes to court, both attorneys must withdraw.
How It Works
A promise you make before the work begins.
Most legal documents are written to prepare for a fight. The collaborative participation agreement is the opposite. It is a written promise, signed by everyone in the room, that this divorce will be settled at a table rather than decided in a courtroom. Everything that follows in a collaborative case grows out of that single commitment, which is exactly why we never let a client sign it without walking through it line by line first.
What you are actually agreeing to
The agreement sets out the ground rules. Both spouses commit to full and voluntary financial disclosure, so no one has to chase information through formal discovery. Everyone agrees to negotiate in good faith and to keep the discussions confidential. And both sides agree to bring in shared neutral professionals, a financial expert and others, rather than dueling hired guns. These are not vague aspirations. They are contractual commitments.
The clause that makes it work
The heart of the agreement is the disqualification clause. It says that if either spouse files a contested motion or the process otherwise breaks down, both attorneys must withdraw and cannot represent their clients in a litigated divorce. That sounds severe, and it is meant to be. It removes any incentive to posture or quietly prepare for trial. Every person at the table, lawyers included, has a real stake in finishing the case collaboratively.
Why we read it with you carefully
Because the disqualification rule has real consequences, you should understand it fully before you commit. If the process fails, you start over with a new attorney. That is a meaningful trade, and for the right case it is well worth making, because it is the very thing that keeps everyone honest and pointed at settlement. Our job is to make sure you walk in with eyes open, not to talk you into anything.
Signing with confidence
By the time you sign, you should know what you are promising, what your spouse is promising, and what happens if things go sideways. That clarity is not a formality. It is what lets you commit to the process wholeheartedly, which is the state of mind that makes collaborative divorce succeed.
What it isThe contract that opens a collaborative case, signed by both spouses and both attorneys.
Core promisesSettle without litigation, disclose finances fully, negotiate in good faith.
The key clauseIf the case goes to court, both attorneys must withdraw.
Our roleWalking you through every term before you sign.
SourceVirginia Collaborative Law Procedures Act, Va. Code §§ 20-168 to 20-187.
Understand It Before You Sign It
The disqualification clause is what makes collaborative work, and it is also a real commitment. If the process fails, you change lawyers. Knowing that going in is not a reason to hesitate. It is what lets you commit fully, which is the thing that makes the process succeed.
Source: Va. Code §§ 20-168 to 20-187
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
A few honest things about signing on.
"I never let a client sign the participation agreement until they can explain the disqualification clause back to me. That is the moment they truly choose this path."
The participation agreement is where collaborative divorce becomes real, and I treat the signing with the seriousness it deserves. I want clients to understand that they are giving up the option of taking this same lawyer into court, and I want them to understand why that trade is the engine of the whole process. When someone grasps that and signs anyway, with clear eyes, they tend to commit fully, and full commitment is what makes these cases settle. I would rather spend an extra hour on the agreement than have a client surprised by it later.
Questions Families Ask
Plain answers about the agreement.
These are the questions clients ask most before they sign. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
What is the collaborative participation agreement?
It is the contract both spouses and both attorneys sign to open a collaborative case. It commits everyone to settle without litigation, to disclose financial information honestly, and to work in good faith toward a full settlement of the divorce.
What is in the participation agreement?
It sets out the core commitments of a collaborative case: no contested court motions, full and voluntary financial disclosure, good-faith negotiation, the shared use of neutral professionals, and the disqualification clause that keeps both attorneys out of court if the process ends.
What is the disqualification clause?
It is the rule that if either party files a contested motion or the process breaks down, both attorneys must withdraw and cannot represent the parties in litigation. It aligns everyone toward settlement, because no one at the table is quietly preparing for trial.
Can I back out after signing?
Yes. Collaborative divorce is voluntary, and either party can leave the process at any time. Leaving does trigger the disqualification rule, which means both collaborative attorneys withdraw and each spouse hires new counsel for litigation, so it is a decision worth talking through carefully first.
When You Are Ready
Thinking about the collaborative path?
Tell us where you are, and we will walk you through the participation agreement and whether collaborative is the right fit before you commit to anything. Three offices across Northern Virginia, one phone number.