Family Law: Collaborative Prenuptials and Post-Nuptial Agreements
In a traditional Prenuptial / Post-Nuptial setting one party hires an attorney who drafts an Agreement that reflects their client’s wishes and sends it to the other party, who hires an attorney to review and comment upon the draft and sends it back to the first attorney, who talks to their client and then responds.
And back and forth, and back and forth, until each person signs a final version in their respective attorney’s office.
At SCLC we do not feel that antiseptic, non-client focused approach is well-suited for the vast majority of our clients.
Instead, we take a Collaborative approach to prenuptials and postnuptials.
Rather than two sides, we create a Team made up of the parties who are about to enter into a relationship they want to celebrate to help them identify what they are trying to achieve, help facilitate that conversation and, most importantly, talk about topics the couple had not considered before.
As with other Collaborative work, we make clear that the attorneys are disqualified from representing either person in contested matters so that if any issue of enforceability or interpretation comes up in the future, neither attorney can be involved other than a Collaborative dispute resolution approach that most people write into their Agreements so that they do not end up in court.
A Collaborative approach to prenuptials and postnuptials is more of a Celebration, reflective of two people’s choice to spend the rest of their lives together.