PRENUPTIAL AGREEMENTS

Mediating Prenuptial Agreements

Traditionally, couples interested in a prenuptial agreement consult with individual attorneys who negotiate and draft the premarital agreement or prenuptial agreement (both terms mean the same thing). However, there is a better means of achieving the same result: premarital agreement and prenuptial agreement mediation.

Mediating prenuptial agreements ensures that both parties have primary input into the ultimate agreement, and assures they maintain equal bargaining power with a balanced discussion. Through mediation, the mediator simply creates a prenuptial agreement that reflects the agreements reached as a couple. Of course, individuals may wish to consult individual attorneys for counsel, but each remains a key player in the determination of the final agreement.

Like all mediated agreements, a mediated prenuptial agreement builds on the couple’s shared interests and points of agreement. It is a peaceful and positive means of resolving an issue that can otherwise trigger doubt and resentment at a time that should be one of eager anticipation in the future.

Mediating a Postmarital Agreement

There are times where couples, not in the process of the of separation or divorce, find that circumstances in their lives have changed and a prenuptial-type agreement is needed. Just as in the case of a prenuptial agreement, mediating a postnuptial agreement is a means of peaceful and positive resolution in an issue that can otherwise trigger doubt and resentment.

Some articles of interest:

• Mediating Prenuptial Agreements
• Postnuptial Agreements
• When is Mediation Appropriate?