As Georgia divorce attorneys, we often tout the benefits of utilizing mediation as a means to settle divorce, contempt, and modification action in lieu of proceeding to trial. But, very rarely do we suggest mediation as a way to negotiate and settle the terms of a pre-nuptial agreement or pre-nup, until now.
Typically, one soon to be spouse’s attorney drafts the pre-nuptial agreement. Once the agreement is drafted, it is then forwarded to the other betrothed’s attorney for review. The attorney will then volley the agreement back and forth with proposed changes until both parties are satisfied with the agreement. During pre-nup negotiations, it is not uncommon for the more financially established party to seek a more aggressive or protective pre-nuptial agreement, and it is often a challenge for the other party to beneficially modify the terms of the agreement especially if the initial draft was proceed by the moneyed party’s attorneys. This can often produce feelings of animosity between the couple, especially if the negotiations between the attorneys become acrimonious
Mediation is an excellent way for parties to clearly communicate and resolve their differences concerning the terms of a pre-nuptial agreement. Similar to how mediators help parties seeking to resolve conflict during divorce proceedings, a mediator can help level the playing field in pre-nup discussions, and referee the concerns of both parties in a non-confrontational setting. Additionally, a mediator may propose ideas to help the parties resolve their conflict that neither party would have thought possible or practical otherwise.
Relying on mediation may not be the best route for every couple seeking to enter into a pre-nuptial agreement, but it is definitely a viable option to consider, as seeking mediation may help mitigate some of the negative feelings, delay and expense associated with traditional pre-nup negation.