When it comes to prenups, there's often only one party that's interested in having it drafted. In that situation, the other would be just as happy for it not to exist. It's often when couples begin negotiating a prenup that the less affluent partner's feelings get hurt. Situations like this can make for a difficult way to start the marriage off.
Oftentimes crafting prenups is left to attorneys. The lawyer representing the more affluent spouse is the one to actually draft the prenuptial agreement after speaking with his or her client about what he or she wants to protect. The other party generally hires an attorney to essentially review the contract to ensure that it's not blatantly unfair.
Any modifications or concerns are negotiated between attorneys until a final agreement is brokered.
What's often missing in this process that would potentially allow more couples to head into their marriages feeling better about a prenup being in place is collaboration. In recent times, mediation has been employed to not just reach a divorce settlements, but as a way for couples to craft prenups as well.
At the first prenup mediation session, the couple often discusses personal details like income and assets each may have. Factors such as whether the parties have been married or divorced before, if they have kids and how long the couple has been together may also be asked about.
If one of the spouses has a family business or is slated to receive a sizeable inheritance, then it may help shed light on assets that need to be protected in the prenup. Whether the couple plans to have kids, is involved in business ventures and how they plan to pay for end of life expenses are also important to structuring a prenuptial agreement.
Mediating a prenup is also beneficial in that it allows both parties to become better informed about what state laws are with respect to inheritance and divorce.
Couples who mediate their prenups are more apt to be able to craft an agreement that is truly collaborative and champions compromise. If you're interested in learning more about the prenup mediation process, then aFort Myers divorce mediation attorney can provide guidance in your legal matter.
Source: Huffington Post, "How to Mediate a Prenup," Laurie Israel, accessed Dec. 01, 2017