Gone are the days when prenuptial agreements were considered a slap in the face by the soon-to-be spouse who was asked to sign one. Prenups are important legal documents that allow couples who enter into marriage to protect their best interests, but they are not a means of cheating one’s spouse out of anything – and they are not an indictment of the marriage itself. In fact, having a prenup does not leave a couple more vulnerable to divorce. All of this being said, however, one person entering into a marriage often has more interest in a prenup than the other, and this is where a mediated prenuptial agreement can help.
If you have questions or concerns related to a Florida prenup, the dedicated team at JustPrenups.com in Florida is here to help. Please
fill out our online form to request a free consultation.
The traditional prenuptial process involved a soon-to-be spouse with greater wealth asking his or her betrothed to sign a prenuptial agreement that delineated how things would be divided in the event of a divorce. Typically, the attorney of the person requesting the prenup would draft the document, and each soon-to-be spouse’s respective attorney would negotiate for terms that both were willing to sign off on. In other words, the prenuptial process was somewhat adversarial from the outset.
A mediated prenup, on the other hand, allows the couple to cooperate on terms that work for both parties. Mediation allows both partners to express their concerns and motivations for the prenuptial agreement, which can go a long way toward mitigating hurt feelings. The fact is that prenups based on adversarial positions can have long-lasting emotional repercussions, while taking a more cooperative approach can set the stage for a long and happy marriage – a marriage in which both parties are invested in taking care of business.
Not only is mediation more loving and trusting, it is cost effective. Since there is only one professional at work, a mediated prenup at JustPrenups.com almost always costs less than traditional representation for each member of the couple.
The traditional prenuptial process involved a soon-to-be spouse with greater wealth, asking his or her betrothed to sign a prenuptial agreement that delineated how things would be divided in the event of a divorce. Typically, the attorney of the person requesting the prenup would draft the document, and each soon-to-be spouse’s respective attorney would negotiate for terms that both were willing to sign off on. In other words, the prenuptial process was somewhat adversarial from the outset.
A mediated prenup, on the other hand, allows the couple to collaborate on terms that work for both parties. Mediation allows both partners to express their concerns and their motivations for the prenuptial agreement, which can go a long way toward mitigating hurt feelings. The fact is that prenups based on adversarial positions can have long-lasting emotional repercussions while taking a more collaborative approach can go a long way toward setting the stage for a long and happy marriage – a marriage in which both parties are invested in taking care of business.
During your prenuptial mediation session, you and your soon-to-be spouse will meet with a mediator (a neutral third party who is experienced in these matters). The mediation process involves three basic steps, including:
Your prenup mediator will be by your side throughout the process to help ensure that you both understand the implications of the prenup’s terms.
If you have questions or concerns related to a Florida prenup, the dedicated team at JustPrenups.com in Florida, please fill out our online form to request a free consultation.
We can accomplish your marital agreement goals in two different ways. Let’s look more closely at them:
Each partner is individually represented by their own attorney. The attorneys exchange drafts, advocating for their respective clients until terms are agreed upon.
This process can be adversarial as each side pushes for their best interests.
Attorneys usually bill by the hour, as the time needed to reach an agreement can vary, potentially requiring multiple drafts. Each draft and each hour of representation have a price tag attached.
Attorneys are loyal solely to their clients and keep all of their client’s information confidential.
Attorneys can provide legal advice to their clients, but not to the opposing side (the other partner). You cannot know what your partner’s attorney holds as confidential from your partner.
Both partners work together on the prenup with the guidance of a mediator. This process encourages cooperation and thorough consideration of terms.
Financial and legal disclosures are shared between partners, with the mediator ensuring both parties understand the importance of transparency.
This process tends to be more amicable, with partners seeking each other’s opinions on clauses.
The mediator remains neutral, and cannot advocate for either side or for any particular position. The mediator can never be alone with just one partner in any communication – both partners must always be present, and all information is out in the open.
Mediators usually charge a flat rate covering the mediation sessions. Mediators will confirm the partners’ satisfaction with each other’s disclosure and finalize the prenup itself.
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