A New Idea for Prenuptial Agreements

At McMichen, Cinami & Demps, we strongly encourage all soon-to-be newlyweds to consider the benefits of entering into a prenuptial agreement. While many couples steer away from prenuptial agreements – viewing them as “planning for a divorce before we’re married” – the truth is that they can provide numerous benefits to couples before, during, and after their marriage ends. As just a basic example, couples can use prenuptial agreements to help protect their assets and loved ones in the event of an untimely death during the marriage.

In a nutshell, prenuptial agreements are about preparing for the future, planning for events that need planning, and stopping conflicts before they start. So, why not take it one step further?

Adding Mediation to Your Prenuptial Agreement

A growing number of Florida couples are turning to mediation to resolve differences under the umbrella of family law. From child custody matters between unmarried partners to establishing alimony in a divorce, mediation can save the parties time, money, and emotional strain. It makes sense, then, that there is a growing trend of using mediation in matters involving prenuptial agreements as well.

What is Mediation?
Mediation is a form of “alternative dispute resolution” that allows fiancés, spouses, parents, and other parties to resolve differences amicably and without court intervention. Oftentimes, two people will have differences that seem irreconcilable, but also want to work together to find a mutually-acceptable compromise. With mediation, the parties work together with the help of a neutral third-party mediator in order to reach this goal and allow them to move on. The mediator does not make a decision for them, but rather helps each party see the other’s perspective and develop constructive ideas for reaching an agreement.

Using Mediation in Your Prenuptial Agreement
Understanding its benefits, there are two important ways that couples can use mediation in connection with a prenuptial agreement. These are:

• Mediating differences that arise while crafting a prenuptial agreement; and,
• Requiring use of mediation (rather than litigation) to resolve any disputes that arise during the marriage.

Covering issues such as rights in property acquired prior to the marriage, inheritance rights, financial contributions to the family during the marriage, and rights concerning children from prior relationships, it is not unusual for couples to run into stumbling blocks while crafting their prenups. Rather than letting their differences lead to confrontational arguments (or worse), couples can use mediation to work through these issues in a constructive manner. These are important issues, and it is ok for each individual to have different feelings about them. In the end, mediation can help each person see the other’s side and reach an understanding of what makes sense for the couple moving forward.

Marrying couples can also use prenuptial agreements to require use of mediation to resolve any future disputes. This can include not only disputes arising during a divorce, but disagreements arising during the marriage as well. By agreeing up front to use mediation, couples can avoid confrontational and expensive litigation down the road.

Do You Have More Questions about Prenuptial Agreements?

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803