Parties do not necessarily have to use a formal collaborative law process or mediation. Many parties will discuss between themselves how they want to resolve the issues that arise from separation or divorce and then one party may consult with an attorney to prepare the paperwork. An attorney may only represent one party in this process so the other party may still retain an attorney for advice or choose to go without an attorney.
Parties may also elect to negotiate a settlement with each retaining an attorney but without scheduling any court hearings or conferences. The concern with this approach is that the threat of going to court typically always looms in the background and that threat can cause the parties and attorneys to be less open regarding the information that needs exchanged to resolve a matter. There are many other concerns with this approach.
Prior to marriage, parties may negotiate a premarital agreement which is valid and enforceable in Pennsylvania as long as certain requirements are met. A premarital agreement may be negotiated without the benefit of attorney advice although there are obvious pitfalls in doing so. A premarital agreement may also be negotiated using collaborative lawyers or a mediator.
After marriage, parties may negotiate a post-nuptial agreement which is also valid and enforceable in Pennsylvania. A post-nuptial agreement can be useful to resolve, for example, some financial issue that threatens the marriage if not resolved. For example, if a parent of a spouse wants to give the family business to a spouse but is concerned that, in the event of divorce, the other spouse may reap the benefit of a long-standing family business, a properly drafted post-nuptial agreement can be used to protect the family business.
