What Is a Mediated Prenup?

What Is Our Prenup Mediation in Ft Lauderdale, FL?

JustPrenups

Understanding Mediated Prenups with JustPrenups

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 in Florida is here to help. Please fill out our online form to request a free consultation.


How Is a Mediated Prenup Different Than Traditional Representation, and How It Saves Money?

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 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 set the stage for a long and happy marriage – a marriage in which both parties are invested in taking care of business.


This approach is more loving and trusting. Better yet, since there is only one professional at work, it almost always costs less than traditional representation for each member of the couple.

Why Choose Our Prenup Mediation in Ft Lauderdale, FL?

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.


At Prenuptial Mediation

At prenuptial mediation, 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:


  • The mediator will gather the facts as they pertain to your unique situation (with a focus on your financials).
  • The mediator will facilitate an open discussion between you and your future spouse that considers the prenuptial agreement from all angles, and that helps you both explore options that you may not have even considered.
  • The mediator will help you find terms that you are both comfortable signing off on and that protect both of your rights.


Your respective prenup attorney will be by your sides throughout the process to help ensure that you both understand the implications of the prenup’s terms and what they can mean for you.

Understand the Differences Between Attorney and Mediator

We can accomplish your marital agreement goals in two different ways. Let’s look more closely at them:

Traditional Attorney Services for Prenuptial Agreements

Non-Attorney Mediation Services for Prenuptial Agreements

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.

Share by: