Let’s face it – discussions about prenuptial agreements can sometimes turn what is supposed to be a happy and blissful engagement into a stressful and anxious time. Many individuals do not like to broach the topic of prenuptial agreements with their partner for fear that their partner will be hurt or upset at the idea. When most people think about negotiating a prenuptial agreement, the collaborative process is not top of mind, but it can be very well suited for couples trying to reach a prenuptial agreement.
For one thing, the collaborative process is goal and interest oriented. This means that the couple can come to the table (often literally) and express to one another what their goals and expectations are for marriage or in a potential, and hopefully unlikely, divorce. The couple is supported in these discussions by a team of professionals, which may include a collaboratively-trained mental health professional. These professionals are able to guide the couple through the process from both a legal and emotional perspective.
The collaborative process also provides a forum for open and honest discussion between the couple about their expectations in a marriage with regard to some difficult topics, such as management of finances, each of their financial positions and responsibilities coming into the marriage, as well as raising and supporting children. Traditional negotiations of a prenuptial agreement often place the couple in adversarial positions, which is not ideal for two partners who want, and likely need, to work together as a married couple in the near future. While there may be subjects on which the couple disagrees regardless of the process they use, in the collaborative process, the team approach can assist in alleviating the adversity that may rear its ugly head in traditional settlement negotiations involving a prenuptial agreement.
If you and your partner are considering a prenuptial agreement, you should speak with a collaboratively-trained professional to ascertain whether the collaborative process may be right for you.
Jenna Hayba is a collaboratively-trained attorney in Northern Virginia working with Curran Moher Weis, P.C. She is currently on the Board of the Collaborative Professionals of Northern Virginia. She is also a member of the state-wide collaborative practice group, Virginia Collaborative Professionals. Jenna’s practice focuses solely on domestic relations matters, including those involving divorce, custody and visitation, spousal support, child support, equitable distribution, adoption, and prenuptial agreements.
