Prenuptial or postnuptial mediation is done in a collaborative setting where the couple sits down with a mediator to work out the terms and conditions of the prenup. The mediator is there to facilitate constructive talks between the two parties toward an agreement that both parties will be happy with. This can usually be accomplished in one or two sessions, though more complex circumstances may require additional sessions.

For some couples, it can be difficult to mediate a prenup or postnup while in the same room together. In such cases, caucusing might work better. With caucusing, the two parties are in separate rooms, and the mediator goes back and forth between them to discuss the issues individually as they move closer to an agreement. Caucusing can be helpful in prenuptial mediation, because it gives each party an opportunity to fully express their concerns without alienating the other party.

After a prenuptial or postnuptial agreement has been mediated, it should be drafted and reviewed by an attorney before it is finalized. This helps minimize the risk that the agreement could later be challenged and deemed legally unenforceable.

There are several situations in which prenuptial or postnuptial mediation can be beneficial. Many people think a prenup is only for cases where one spouse has significant assets and the other does not. A prenup is also used for other purposes, however.

For example, if this is a second marriage and/or the couple is bringing in children from prior relationships, a prenuptial agreement can help ensure that the children within a blended family are provided for in the event of a worst-case scenario. Prenups might also be initiated by the parents of one of the parties if the family happens to be well-off in order to protect their assets.

At Advanced Mediation Services, we have extensive experience with divorce mediation, prenuptial agreements, and related issues. We are honest, straightforward, friendly, and compassionate.