Mediating a Pre-Nuptial Agreement/Martin Rosenfeld,JD

Posted on March 23, 2015


In an article in HuffPo last October, Attorney/Mediator Laurie Israel wrote about a new passion she has discovered for mediating pre-nuptial agreements. In the traditional setting, one party gets the agreement drawn up and the agreement is then reviewed by opposing party’s counsel. In many cases, this agreement leaves little, if anything, to the party who is asked to sign the document. In such a scenario, feelings can be harmed. At times, the damage can become irreparable. The sense of being “shut out” from consideration is quite real.

Mediation, on the other hand, can help resolve differences and allow for a more level playing field. In such a setting, the couple can calmly discuss how to balance legitimate concerns. Such a discussion, aimed at strengthening the marriage, rises to the positive effect of marital mediation.

It has been shown that generosity in a marriage is a vital ingredient in attaining happiness. (Pretty self-evident, is it not?). The mediated pre-nuptial process can now center about generousity, candid exchange and clear communication and dialogue. The process will also serve the couple well in their married life. It prepares them to work constructively in resolving difficult issues.

Pre-nuptials handled poorly can be divisive. With the right process, it can be a recipe for future happiness.