Prenuptial Agreements in Mediation
Mediation allows the two of you to discuss terms with a professional who objectively can help you to consider if a term meets both of your needs and interests. It is more likely that you both will feel an ownership in a Prenuptial Agreement that is drafted in mediation versus an Agreement when terms are negotiated and developed by attorneys.
A mediator will objectively raise all of the terms that could be provided for in a Prenuptial Agreement, and you both will address your feelings and concerns about whether or not a particular term should be included. If you disagree, your mediator will help you each to hear why something is important to the other, the understanding of which is vital to reaching an agreement, as well as brainstorm other viable options that neither of you may have considered if you disagree.
Most importantly, a mediated Prenuptial Agreement will avoid the negative reactions that can happen when being presented with a document that appears to solely benefit one party only with terms that had never been discussed between each other.
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Frequently Asked Questions
Q. Will mediating a Prenuptial Agreement take longer than working through attorneys?
A.
It should not since it would save the time of the back and forth delays of attorneys negotiating terms and then speaking to their respective clients since the terms that are drafted by the mediator are terms that you both have agreed upon.
Q. Do you need to each have an attorney?
A.
It is recommended that you both have your own attorneys, but you do have the right to waive the right to independent counsel, in writing.
Q. Will I know all about my fiance’s financial situation?
A.
A Mediation for a Prenuptial Agreement will require that both parties fully disclose income and assets.
Q. How far in advance of our wedding should we begin mediating our Agreement?
A.
As far in advance as possible since the mediation, drafting and attorney review of the Agreement can take months, and you want to insure that you are not dealing with your Agreement in the weeks before your marriage.
Q. Do you provide a complimentary consultation for a Prenuptial Agreement mediation?
A.
Clare provides a brief consultation at no charge via Zoom for both of you to attend a meeting to discuss the process only.
