Prenups and postnups are different. Prenups change the very template of marriage existing in the far future. Postnups change assumptions based on law made by married couples in ongoing marriages. Both these situations are rife with the possibility of overreaching, unfairness and coercion. It is best to engage a reviewing attorney for
these contracts. But how to choose one?
The best way to get helpful feedback from attorneys is for the couple to choose mediation-friendly lawyers who are experienced in prenuptial agreement, as well as the underlying topics of the prenup. I primarily refer couples to lawyers with a divorce law background, rather than an estate planning or business law backgrounds.
Divorce lawyers tend to have more sensitivity to the role of money and marriage than other types of attorneys, as they deal with this issue every day in working with clients whose marriages are breaking up. Also, much of the prenup contract deals with the terms of a possible future divorce. Divorce attorneys have the requisite experience in
divorce law and can better think about and draft these provisions.
- Mediation – A Sound First Step to a Successful Prenup - September 27, 2022
- The Art of the Term Sheet - May 18, 2022
- Learning from Every Mediation - August 4, 2021
