Prenuptial agreements – just those two words can send shivers down the spine of engaged couples. Though a prenup may sound intimidating, cold, and contractual (because it is, after all, a contract), it does not have to be something that intimidates and instills fear. In fact, it is something that is very wise and useful for the vast majority of couples. And, it just may be a beneficial tool in setting the stage for a successful and respectful marriage as a team. Every couple will have unique needs and preferences in regard to what they would like to protect and include in their prenuptial agreement which is why mediating your prenuptial agreement can be a much easier and effective way to determine the terms, without contention and uncomfortable feelings.
Financial tensions can be one of the biggest problems in any marriage so a carefully drafted prenuptial agreement is an excellent tool in reducing that tension. A good marriage is one with common goals and that is the best way to approach mediating your prenuptial agreement. Utilizing separate lawyers can create a “you vs. me” mentality and, while each spouse should feel comfortable and financially protected in a prenuptial agreement, it tends to favor the spouse that has more money or sets guidelines that actually foster tension in a marriage rather than mitigate it.
Clear communication is essential in any relationship and that includes discussions over money, property, and other assets. If you and your spouse would prefer to approach a prenuptial agreement from a place of common goals and a desire to have a healthy marriage, mediation is an excellent way to achieve those results, as HuffPost points out, “So in essence, premarital agreement mediation is a form of marital mediation in several senses: it encourages generosity, truthfulness and clear communications. It’s about money and security, which is a deep concern in marriages. It helps to train the couple in their ability to discuss and resolve difficult issues. This is identical to marital mediation where couples are struggling over difficult issues, often money issues, which are extremely common in marriages. Facilitating a client-controlled prenuptial agreement with honesty and direct communication between the spouses-to-be, means that you are helping the couple embark on a stronger, clearer, more generous marriage. This bodes well for the health of the marriage.”
What are the tips for prenuptial agreements?
In many cases, prenuptial agreements are useful to resolve many complex situations. Most commonly, people try to resolve property-related problems by determining assets that should be left out of the alimony. Special maintenance is also allocated to determine the valuables and other others sorted out. It is essentially a contract that should be written and signed by both partners. In most cases, attorneys are not needed for drafting these agreements. But, it is best to include experienced lawyers in the proceedings to get the best guidance. Moreover, they also cover the complicated terms involved in designing the contracts.
A majority of negotiations in these proceedings involve finances. Partners discuss their right to buy, sell, or consume assets without any implications. Most importantly, they should keep the circumstances that are specific to their situation in mind. This level of detailing gives control over the negotiations.
Separate counsel
Ideally, it is best to choose separate legal representation for prenuptial agreements. People need an attorney who is capable of working for their best interests. Moreover, having separate lawyers will ensure a fair negotiation proceeding that is not subjective in any manner. As a result, the process will conclude in a smooth way. Having an attorney available will also have a positive impact on hostile cases with complex family issues. They have a certain reputation to fix such problems and avoid dragging out the process further. Hence, having an attorney tend to minimize any risks of contentious negotiations between couples. Most people choose not to hire a lawyer for this case. They would often struggle with drafting pre-marital agreements because of their lack of knowledge. Moreover, it could prove disastrous in the long run. Hence, reinforcing with legal representation is essential to navigate this convoluted and challenging agreement process.
Disclosing information
As with every other legal proceeding, it is crucial to stay honest when disclosing information. People should cover all aspects of their marriage and divorce during the negotiations. This gives them an advantage of sharing information and developing positive feelings. It further enables a smooth division process.
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