Consider Mediation When Drawing Up Your Prenuptial Agreement

By Gerald A. Maggio, Esq.

Top divorce mediation attorneys Orange County; California Divorce MediatorsPrenuptial agreements are usually a fraught issue in most marriages. When a couple is in love, the last thing they want to think about after their engagement is their prenup, something that tends to ominously portend the end of the very relationship they are celebrating.

So, why get a prenup?

Getting a prenuptial agreement drawn up before marriage can actually help both parties enter the marriage with a crystal clear understanding of each other’s financial situation. Besides, there are many reasons why a prenuptial agreement might even be required. For instance, in the event of a second marriage that involves custody agreements or when one spouse is drawing income from a family trust or when both parties are involved in business together, and so on. In cases when a prenup is required, it might reduce tensions later in the marriage, as all financial obligations are laid out clearly at the very outset.

If it is sensible to get a prenup, why should we be worried?

Regardless of how sensible it might be to get a prenup, it does not change the fact that the process of drawing one up can be distressing and painful for couples. Involving a battalion of lawyers in the process, and getting mired in legal proceedings might only make matters more difficult. Even worse, lots of lawyer involvement in the drawing up of a prenuptial agreement can very quickly make it an unnecessarily complicated and difficult document that can leave one or both parties feeling powerless and distrustful of each other.

How can we get a prenup that does not cause problems?

Considering how fraught the process of drawing up a prenup can be, it only makes sense to seek out the easiest, and most open process for drawing one up. This is where mediation comes in. Mediation allows a couple to settle on and draw up a prenup with a mediator they trust, outside a courtroom and without unnecessarily convoluted legal proceedings.

Mediation brings the couples together to collaboratively communicate and come up with an equitable agreement after in-depth discussion. In this process, couples are able to understand exactly what the other person brings to the marriage, address any concerns they may have with a neutral party, the mediator, and tackle their problems together. Mediation can build trust amongst couples as it demonstrates how potential problems within the marriage can be handled amicably and effectively.

Where do we find a mediator?

Once you decide on mediation, for your prenup, choosing a mediator is the next step. More often than not, divorce mediators tend to be excellent at mediating prenups, and can offer valuable advice. At the conclusion of the process, the mediator, who will also be a lawyer, will draw up a mutually beneficial, and agreeable, prenuptial agreement.

Getting a prenuptial agreement might be the smartest, and most responsible thing that a couple can do before getting married to ensure that they protect each other. Do not let the process of drawing one up weaken your relationship. Find a mediator today to help you draw up your prenup.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation