Pre-Nuptial and Post-Nuptial Agreements

Research shows 70% of divorces are over money.  The goal of pre or post nuptial agreements is to address expectations and concerns over money, decreasing the likelihood of future marital problems, bitterness, and resentment.

Unlike the traditional approach to pre and post nuptial agreements, Becker Legal, P.C. takes the Collaborative approach, which works from the place of understanding that good communication is the best predictor of a successful marriage. Using the Collaborative approach facilitates positive, clear communication between partners from the start, and allows the couple to control the process.

This positive alternative to the traditional process is based on conducting open and transparent meetings with the couple communicating directly, as opposed to merely through their lawyers. This allows for the sharing of goals and expectations and carefully considering a future together. It creates a balance of knowledge and power and takes into account how potential changes in career or family situation will affect joint and individual finances, and puts in place solutions before problems arise.

Traditionally, pre-nuptial agreements have been drafted using negotiating tactics similar to those used in divorces, giving a bad reputation to the whole process.  The wealthier soon-to-be-spouse would hire an attorney who would draft an agreement “protecting” their client, often without consulting the client about intent or the relationship.  This client would then present the “scorched earth” agreement (usually very one-sided) to their fiancée, who would be understandably upset at the terms and hire their own attorney to fight the battle of negotiating down from an overly one-sided “agreement,” leading to hurt feelings, anger, and mistrust on both sides. 

Utilizing alternative methods such as the Collaborative Process can help mitigate these concerns when negotiating these types of agreements.  Utilizing the Collaborative Process will allow each soon-to-be-spouse or partner their own attorney, but both attorneys and parties work together to focus on the individual needs and beliefs of the couple in drafting together, rather than starting with a polarizing cookie cutter agreement. 

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