Pre-Nuptial Agreements
A Pre-Nuptial Agreement can appear to be unduly business-like and confrontational. As a divorce mediator, I try to make the document more marriage-friendly. I pay great attention to the wording of the paragraphs, its order, and the underlying sentiments. Two suggestions I make to clients, try to make the Pre-Nuptial more supportive of the hopes the couple bring to their marriage. I ask for a paragraph that commits the couple to seek professional assistance if the marriage experiences difficulties. Marriage is hard work.. The couple needs to plan how it will proceed if the relationship hits some rough spots. In addition, I ask the client to consider a paragraph that states that if issues arise that are legal in nature, the couple will seek mediation rather than proceed to litigation. Again the idea is to plant the thought that problems do arise in marriages, but there are appropriate ways to deal with this, short of terminating the relationship.
Mediators and attorneys are often the first professionals a young couple will meet, if they decide on a Pre-Nuptial agreement. Their role in strengthening the marital relationship is perhaps one of the most important tasks they will ever encounter. This is their moment to shine!
