One of the issues when there is a mediated prenup, or if there is a mediated prenup with two reviewing attorneys is who should write up the first draft. In the typical situation, the attorney for the more-moneyed future spouse creates the first draft. This tends to have many negative consequences to the process and to the upcoming marital relationship. I suggest that if there is a mediator, and the mediator is an attorney, that the mediator creates the first draft based on the term sheet negotiated between and agreed to by the clients. If the mediator is not an attorney, I
would suggest that the attorney for the less-moneyed future spouse create a first draft based on the term sheet.
If the prenup is not mediated, my preferences is for the clients to create a term sheet conferring with each other and with the assistance of their respective separate attorneys. After the term sheet is set, I would suggest that the attorney for the less-moneyed future spouse create the first draft.
- 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
