Marital Agreement Mediation

A marital agreement can be negotiated and documented to set out how certain financial (and perhaps other) matters will be handled in the event of a divorce.  Often it also specifies how financial matters will be handled during the marriage.  I have helped couples smoothly and amicably work out the terms of their marital agreement.


Pre-marital agreements, also called pre-nuptial agreements or pre-nups, are established before a couple is married.  Although more common among couples in which one or both spouses is wealthy, all marrying couples should consider whether they might benefit from one.


Post-marital agreements, also called post-nups, are established after a couple is married.  These are less common than pre-nups, perhaps because many mistakenly assume that if an agreement was not established before marriage, it is too late to do so after marriage.  Post-nups can cover the same territory as a pre-nup.

Creating a Marital Agreement

There are essentially two steps to create a legally enforceable marital agreement:marital agreement mediation

  1. Come up with the agreements themselves and
  2. Document them appropriately so they are enforceable.

Many assume that you need a lawyer for the first step but you can create the agreements yourselves or with the help of a mediator.


Many couples don’t need a documented marital agreement.  They can fall back on the law and/or negotiate a settlement if their marriage ends in divorce.  But for others an agreement can have benefits including:

  • Reducing financial uncertainty;
  • Providing clear guidelines for financial management; and
  • Minimizing financial conflict in the event of divorce.

There can be benefits in working with a skilled mediator rather than an attorney when developing your marital agreement, including:

  • Reduced cost; and
  • A warmer, more relaxed process.


Certain guidelines must be followed for a marital agreement to be enforceable in a divorce or other legal proceeding.  Therefore, an attorney should be involved when documenting and before signing a marital agreement.