Can You Mediate A Prenuptial Agreement?
Prenuptial agreements are a sensitive topic of discussion. A couple entering into marriage might not warm up to the idea in the beginning. Unfortunately, the growing number of failed marriages and ensuing ugly disputes makes such agreements all the more necessary. Once a couple has decided to sign a prenuptial agreement, the next task is to decide the division of assets. This can turn out to be unpleasant.
Ultimately, discussing a prenuptial agreement can lead to disputes between both the spouses. In such cases, mediation is an excellent way to reduce damages that can happen. Mediation is a form of conflict resolution used in law. A third party assists the spouses-to-be to come to a fair settlement. Such a person is called the mediator.
Mediation is possible
The first thing that a couple who has decided to move ahead with signing the prenuptial agreement should know is that successful mediation of the agreement is possible. Many couples are unaware of this fact. Mediation is an excellent way to resolve conflicts and it helps if the couples research about it by themselves or get the help of a competent attorney.
Mediation starts with people
It is important to sit with an experienced mediator to discuss the potential terms for an agreement first. Both parties need to keep in mind that they are getting married and while the terms in the agreement should be fair, it should also be decided upon mutual agreement and should be fair to both spouses.
Understand the law
Different states have different laws pertaining to prenuptial agreements. The mediator should make sure both parties are aware of existing laws. Divorce and inheritance should not become an issue in case the unthinkable happens. Mediators should provide legal information as to what can happen if one spouse inherits property and what it possibly means for the other spouse. Mediators cannot provide legal advice since they are not attorneys per se.
Understanding either spouse
A mediator should communicate with both spouses to understand any concerns they might have regarding the agreement. It’s important to understand their views on the agreement. Often, it happens that one party may not want to sign the agreement but is afraid to be forthcoming about it. It is important to address the concerns of such an individual and allay their fears. Each term on the prenuptial agreement should be discussed fairly and accurately and should be reviewed against the other terms to make it fair to both parties.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
