MEDIATED PRENUPTIAL AGREEMENTS
WHAT IS A MEDIATED PRENUP?
A Mediated Prenuptial Agreement is a written premarital agreement that contains mutually agreeable, customized terms that a couple signs after working openly and collaboratively with a neutral private mediator.
Rather than having each partner hire their own attorney to negotiate the terms, the Mediated Prenup process allows both parties to voice their needs, motivations and concerns regarding the prenup, and avoid adversarial positions and hurt feelings. Partners work together with one neutral Prenup Mediator to create their Mediated Prenup from start to finish, and all conversations about the terms prior to and following the drafting of the Mediated Prenup are typically open 3-way conversations between the couple and their Prenup Mediator.
Mediated Prenups really should be called “Harmony Agreements” because they are intended promote marital stability and certainty by allowing a couple to agree to important terms that they decide together, rather than the traditional approach of having the partner who wants the prenup the most hire a lawyer to prepare it without the input of the other party.
When we help couples enter into a Mediated Prenup, we work with both partners as a neutral facilitator to create an agreement in a collaborative manner that contains the terms and content that works for both parties, rather than serving as independent legal counsel for one partner or the other.
Many couples are surprised at how many options are really available to them for the terms to be included in their prenuptial agreement, and we explore those options during the mediation process. A Mediated Prenup is really the opposite of an online prenup software platform or prenup template, since online forms only present a very limited subset of options or terms for a couple to consider together.
As Prenup Mediators, both partners are our clients and we do not provide legal counsel to either party. Be assured that the Mediated Prenups we draft for our clients are fully compliant with all applicable state and federal laws, because they are prepared by experienced lawyers who draft hundreds of marital agreements every year.
As Prenup Mediators we don’t favor or push for a better deal for one partner over the other – rather we work with both partners openly and with complete transparency to explore various options to address their needs and concerns. After all, the whole point of a prenuptial agreement is to make both parties feel more comfortable to enter into the larger contract of marriage by providing certainty as to their marital rights.
The Mediated Prenup Process Works Best When:
Both partners are comfortable talking about the terms to be included in their prenuptial agreement
Both partners want to be involved in the process of creating their prenup from start to finish
Both partners share similar goals and concerns, and are willing to compromise. After all, every contract is a compromise—no one signing a prenup gets “the perfect deal”
Both partners want to work with a private mediator to explore their various options to help them figure out the basic terms they want to include in the prenup, rather than working through their respective attorneys
Neither partner wants a generic online form/template, and both parties want the prenuptial agreement to reflect their unique circumstances
Advantages of a Mediated Prenup (FL, NJ, NY, NV & VA)
Partners can work together with one neutral Prenup Mediator to create their Mediated Prenup from start to finish. All conversations about the terms prior to and following the drafting of the Mediated Prenup can be open 3-way conversations between the couple and their Prenup Mediator. In contrast, when we are engaged to act as independent counsel for one partner to a prenuptial agreement, we generally cannot have any communication with their significant other. We can only talk to our client, even if our client’s partner ultimately decides to waive their right to have an attorney.
If the couple’s wedding date is soon, a Mediated Prenup can avoid a situation where one partner presents an attorney-prepared prenup to the other partner at the last minute. With a Mediated Prenup, the couple essentially is “presenting” their mutually agreed upon attorney-prepared prenup draft to the other person at the same time, since the draft is sent to both parties by your Prenup Mediator. So, neither party is more or less "culpable" than the other person for the last-minute timing.
Partners do not have to hire attorneys to represent them. Instead, they can use the same Prenup Mediator to facilitate discussion and explore all of their options and collaborate on what terms and content to include in their prenuptial agreement.
Partners can avoid a situation where one person had an attorney, and the other person did not have an attorney. Sometimes, people just don’t want to hire and deal with a lawyer to represent them in connection with a prenup – they just want to get it drafted the way they want it, make sure it is legally valid, and skip the adversarial attorney vs. attorney prenup negotiation route.
Confidentiality applies to communications between the Prenup Mediator and the clients. All conversations are private and confidential, and nothing discussed can be disclosed at a later time by the parties or the mediator. The discussions during the Mediated Prenup process cannot be used against either party in a divorce proceeding because they are confidential.
Do We Need Our Own Independent Counsel?
No. The vast majority of our Mediated Prenup clients voluntarily waive their right to independent counsel because they just want to deal with the same lawyer (acting as mediator) and get their agreement drafted as efficiently and cost-effectively as possible.
If you want to hire an attorney to represent you to review your Mediated Prenuptial Agreement, you are of course welcome to do so – it is up to you. We never would discourage any of our Mediated Prenup clients from seeking the advice of independent counsel if they want to.
FLAT-FEE MEDIATED PRENUP PACKAGE - $1,695
(FL, NJ, NY, NV & VA PRENUPS ONLY)
A Mediated Prenup prepared by Prenup Pros representing both parties as Prenup Mediators^ only costs a Flat-Fee of $1,695, less than $850 for each partner. We charge $1,395 to draft a prenup when we act as attorney for one of the parties.
Most lawyers charge far more than Prenup Pros to draft a prenuptial agreement as counsel for one party.
PRENUP PLANNING MEDIATION. Your Prenup Mediator will have a call with both partners to explore the terms to include in your prenup, and we will openly discuss options and the pros and cons and legal effects of various approaches. Through this collaborative mediation process, both of you will have the opportunity to provide your input and voice your concerns and you will work together towards a prenup that works for both of you. The mediation conversations are confidential and are a critical part of the process because, your input is what allows us to draft a custom Mediated Prenup agreement for your specific situation.
FAST TURNAROUND. Your draft will be completed and sent to you for review within a few days after we get all of the information we need to prepare your customized premarital agreement.
PRENUP REVIEW CONSULTATION. After you and your partner have had the opportunity to read and discuss your prenuptial agreement, you will schedule a follow-up call with your mediator. During this call your mediator will answer any questions, make sure you understand the document, and discuss any changes that may be needed.
PRIVACY. The information you share and everything you both discuss with your mediator is strictly confidential.
A CUSTOMIZED, READY-TO-SIGN PRENUP. Your mediator will make any changes needed to finalize your prenuptial agreement based on the follow-up call, and send it to you for signature. We will also provide detailed instructions on how to properly execute the final prenup and what to do with it after. If either party wants us to send the agreement to their independent legal counsel for review and/or to make changes, we will be happy to do so.
^All services performed are subject to the terms and conditions of our mediation engagement agreement. Prenup Pros reserves the right to be engaged on an hourly fee basis, or to decline engagement altogether.