The Collaborative Participation Agreement

A collaborative participation agreement is the contract that starts a collaborative divorce. By signing it, you and your spouse promise to share all relevant information, negotiate in good faith, keep contested court filings off the table while the process runs, and accept that both collaborative lawyers will step aside if the case ends up in litigation.

Because Pennsylvania has no statute or court rule on collaborative practice, this document does the job a law would otherwise do: it sets the rules, the duties and the consequences. It is the foundation of everything described on our collaborative family law page, so it is worth understanding each promise before you sign.

How the participation agreement works, step by step

Each spouse reviews it with his or her own lawyer first. Your lawyer walks you through each clause privately, so you can ask questions you might not want to raise in front of your spouse.
Everyone signs at the first joint meeting. Both spouses and both lawyers sign. Any neutral professionals you hire later usually sign their own engagement letters that refer back to it.
It governs every meeting that follows. Agendas, homework, document exchange and communication rules all trace back to the agreement.
It ends in one of two ways. Either you sign a final settlement, or one of you ends the process and the withdrawal and disqualification terms take effect.

The full sequence of meetings around it is laid out in how a collaborative divorce works, step by step.

What you are actually promising

Agreements vary from lawyer to lawyer and group to group, but most contain the same core commitments. The table below summarizes what they usually say and why each one matters.

Typical terms of a collaborative participation agreement
Term	What it usually says	Why it matters to you
Full disclosure	Each spouse voluntarily shares all information relevant to the issues, without formal discovery, and corrects anything that changes	Decisions rest on the full picture; hiding assets can void the deal
Good faith	No threats, no taking advantage of mistakes, honest negotiation	Keeps the meetings productive rather than tactical
No contested court	No contested motions or hearings while the process runs; any filed case is paused	Removes the pressure of court deadlines and hearings
Disqualification	If the process ends, both collaborative lawyers withdraw and cannot represent either spouse in contested litigation on the same matter	Gives everyone, including the lawyers, a strong reason to reach agreement
Neutral professionals	Financial or communication neutrals are hired jointly and work for the process, not for one side	One shared set of numbers instead of dueling experts
Confidentiality	What is said in meetings stays within the process, subject to the agreement's exceptions	Lets you speak openly about options
Children	Spouses keep children out of the conflict and may involve a child specialist	Protects the children while the adults negotiate
Status quo	No major moves with money or property without notice or agreement	Prevents surprises while talks are underway

How full disclosure compares with what a court would require

If your divorce went to court instead, Pennsylvania law would require each of you to file an inventory and appraisement listing property and debts, with values as of the separation date and shortly before the hearing (23 Pa.C.S. § 3505(b)), and the court rules set the form and timing (Pa.R.C.P. 1920.33). The participation agreement asks for the same information, but you exchange it voluntarily and without subpoenas or depositions.

That is why the disclosure promise is the heart of the agreement. It is explained in detail, with a document checklist, in what full financial disclosure requires.

The disqualification clause: the part people ask about most

The clause that sets collaborative practice apart is the promise that both lawyers will step aside if the process breaks down. If either spouse decides to go to contested court, the collaborative lawyers withdraw, and each spouse must hire new counsel for the litigation.

This is deliberate. It means the lawyers are not quietly preparing for a trial while they negotiate, and it means walking away has a real cost for everyone. Most agreements also say that jointly hired neutrals will not act as expert witnesses for either side. What happens next, and what you keep from the work already done, is covered in what happens if a collaborative divorce breaks down.

What the agreement does not do

It does not grant the divorce. The decree still comes from the Court of Common Pleas under the Divorce Code, usually on the mutual consent ground in 23 Pa.C.S. § 3301(c).
It does not create a legal privilege by itself. Pennsylvania's mediation privilege (42 Pa.C.S. § 5949) protects mediation communications. Collaborative confidentiality comes from the contract, so read the confidentiality clause and its exceptions closely. For comparison, see what mediation confidentiality covers.
It does not bind you to any outcome. You commit to a process, not to a result. Nothing is final until you sign the settlement agreement.

Questions to ask before you sign

A good participation agreement should leave no surprises. Before the first joint meeting, it helps to go through these questions with your own lawyer, one at a time, and to write the answers in the margin of your copy.

What exactly must I disclose, and by when? Ask whether the agreement uses a deadline for the first exchange of documents and whether it requires sworn statements or simply complete copies.
Who pays for the neutrals? Many families split the cost of a financial neutral or coach; some divide it by income. The agreement or the neutral's engagement letter should say.
What counts as confidential, and what does not? Find the exceptions, such as information about a risk of harm to a child, and ask how the agreement treats documents that existed before the process began.
How do we end it, if we must? Look for a written notice requirement and any cooling-off period before either side files anything contested.
What happens to work already done? Ask whether jointly prepared valuations can be used later, and on what terms, so the money spent is not wasted.
How will we communicate between meetings? Some agreements route all settlement talk through the meetings and keep emails to logistics only. Knowing the rule in advance prevents misunderstandings.

None of these questions signals distrust. Collaborative lawyers expect them, and clear answers at the start are what let both spouses relax enough to negotiate.

What changes the answer

Whether a case is already filed. If a divorce or custody case is already on the docket, the agreement typically requires both sides to stop contested activity and may call for a stipulation to pause the case. See switching to collaborative after a case is filed.
Emergencies. Many agreements carve out urgent protective steps. A protection from abuse order under Pennsylvania's Protection From Abuse Act is never something you should give up to stay in a process.
Which neutrals you use. The more professionals involved, the more engagement letters and confidentiality terms to read. The roles are described in who is on a collaborative divorce team.
How termination works. Some agreements require written notice and a waiting period before anyone files; others allow a short final meeting. Know the exit steps before you sign.

A worked example

For example, suppose Maria and Tom sign a participation agreement in March. Maria owns a small business; Tom has a pension. Under the disclosure clause, Maria shares three years of business tax returns and bank statements, and Tom shares his pension statement and plan summary. Both agree to hire one neutral financial professional to value the business.

In May, Tom gets a bonus he did not expect. Because the agreement requires updates when circumstances change, he discloses it at the next meeting, and the support numbers are re-run. Months later, they sign a settlement. If either had concealed the bonus or a business account, the other could later challenge the settlement, and the process would have lost its footing. This is a hypothetical illustration only.

Common mistakes

Signing without reading the exit terms. Know exactly what happens, and what it will cost, if one of you ends the process.
Treating disclosure as optional. Partial disclosure is the fastest way to lose the trust the whole process depends on.
Using the meetings to vent. The agreement asks for respectful communication; a coach can help if emotions run high.
Making big financial moves quietly. Selling a car, emptying an account or changing beneficiaries mid-process can breach the agreement.
Assuming it covers everything automatically. Retirement orders, deeds and custody consent orders still need their own documents at the end.

What to do this week

Ask for a copy of the participation agreement your lawyer uses and read it twice.
Mark the disclosure, confidentiality and termination clauses and write down your questions.
Start gathering the documents on our consultation checklist.
Think through whether you can honestly meet the good-faith promise; read whether collaborative divorce fits your situation if you are unsure.
If there is any safety concern, raise it privately with your lawyer before the first joint meeting.

Frequently asked questions

Is the participation agreement legally binding?

It is a contract signed by both spouses and both lawyers, so its terms carry real weight, especially the withdrawal of the lawyers if the process ends. It does not, by itself, decide any issue in your divorce.

Can we change the agreement once it is signed?

Yes, if everyone who signed agrees in writing. Changes are common when a neutral is added or a schedule shifts.

Does signing mean I give up my right to go to court?

No. Either spouse can end the process. The consequence is that both collaborative lawyers step aside and new lawyers handle the court case.

Is everything said in meetings confidential?

Usually, within limits set by the agreement. Pennsylvania's statutory mediation privilege covers mediation; collaborative confidentiality rests on the contract, so read its exceptions.

What if my spouse is hiding money?

A concealed asset breaks the disclosure promise. Your lawyer can raise it in the process, and a settlement built on concealment can be challenged later. If you already suspect hiding, a court process with formal discovery may be the safer route.

Do the neutrals sign the same agreement?

Often they sign their own engagement terms that refer to the participation agreement and confirm they will not testify for either side.

What does a collaborative participation agreement commit you to?