Many Couples find that a Mediated Prenuptial Agreement has several advantages over the traditional Attorney vs. Attorney approach
1. You can work together with one neutral Prenup Mediator to create their Mediated Prenup from start to finish. All conversations about the terms prior to and following the drafting of the Mediated Prenup can be open 3-way conversations between the couple and their Prenup Mediator. In contrast, when we are engaged to act as independent counsel for one partner to a prenuptial agreement, we generally cannot have any communication with their significant other and can only openly talk to our client alone.
2. If your wedding date is right around the corner, a Mediated Prenup can avoid a situation where one partner presents an attorney-prepared prenup to the other partner at the last minute. With a Mediated Prenup, the couple essentially is “presenting” their mutually agreed upon attorney-prepared prenup draft to the other person at the same time, since the draft is sent to both parties by your Prenup Mediator. So, neither party is more or less "culpable" than the other person for the last-minute timing.
3. Partners do not have to hire separate attorneys to represent them (in FL, NJ, NY, NV & VA). Instead, they can use the same Prenup Mediator to facilitate discussion and explore all of their options and collaborate on what terms and content to include in their prenuptial agreement. Read More about waiving the right to independent counsel.
4. You can avoid a situation where one person had an attorney, and the other person did not have an attorney. Sometimes, people just don’t want to hire and deal with a lawyer to represent them in connection with a prenup – they just want to get it drafted the way they want it, make sure it is legally valid, and skip the adversarial attorney vs. attorney prenup negotiation route.
5. It is usually much cheaper and more efficient when couples use a private Prenup Mediator to work with them to create their prenuptial agreement instead of hiring separate attorneys to represent them, since there is no “back and forth” between independent attorneys making changes and edits to the prenup draft (often just to justify billing more).
6. Confidentiality applies to communications between the Prenup Mediator and the clients. All conversations are private and confidential, and nothing discussed can be disclosed at a later time by the parties or the mediator. Thus, the discussions during the Mediated Prenup process cannot be used against either party in a divorce proceeding because they are confidential.
The Mediated Prenup Process Works Best When:
Both partners are comfortable talking about the terms to be included in their prenuptial agreement
Both partners want to be involved in the process of creating their prenup from start to finish
Both partners share similar goals and concerns, and are willing to compromise. After all, every contract is a compromise—no one signing a prenup gets “the perfect deal”
Both partners want to work with a private mediator to explore their various options to help them figure out the basic terms they want to include in the prenup, rather than working through their respective attorneys
Neither partner wants a generic online form/template, and both parties want the prenuptial agreement to reflect their unique circumstances
Prenup Pros® currently offers flat-fee Mediated Prenuptial Agreements to clients located in VA, FL, NV, NY and NJ. For more information on the firm or to schedule a free consultation with a Prenup Mediator, click the button below.
DISCLAIMER: This article and its contents represent the opinions of the author only and (1) is not intended as a solicitation, (2) is not intended to convey or constitute legal advice, and (3) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon articles or advertisements.
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