Mediating Prenups

One of the most important choices you will make in the process of getting a prenup is whether you will start the process with mediation in order to help you and your future spouse define the terms of the prenuptial agreement together with the help of a neutral facilitator.

How to Mediate a Prenuptial Agreement

Any lawyer who has dealt with prenuptial agreements knows what a stressful and upsetting task it can be for the client. Usually, only one party wants one. The other less-moneyed party does not, and that party is extremely hurt by… Continue Reading →

“The Generous Prenup” book coming soon

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“The Generous Prenup” Chapter List

Introduction: The Prenup Myth

Chapter 1: Why I Changed My Mind about Prenups

Chapter 2: Who Might Think They Need a Prenup? The Good, the Bad, and the Ugly

Chapter 3: Who Else Might Benefit from a Prenup?

Chapter 4: What Are “Generous” Prenups and the Role of “Contribution” in Marriage?

Chapter 5: How Did Prenups Originate and How Popular Are They?

Chapter 6: How Do People Get a Divorce? Let Me Count the Ways

Chapter 7: What Happens If You Marry without a Prenup?

Chapter 8: Prenups for Wealthy People and for People from Wealthy Families

Chapter 9: Do I Need a Prenup to Protect My Business?

Chapter 10: How a Prenup Can Help with Estate Planning

Chapter 11: The “Gray” Prenup: Should Senior Newlyweds Prenup, Too?

Chapter 12: Are LGBT Prenups Different from Other Types?

Chapter 13: She’s Coming from a Foreign Country to Marry Me. What about Immigrant Spouse Prenups?

Chapter 14: Prenups with Infidelity Clauses and Other “Lifestyle” Provisions

Chapter 15: What’s Alimony Have to Do with It?

Chapter 16: What Are the Drawbacks of Prenups?

Chapter 17: Is There a Way to Make Both Parties Happy?

Chapter 18: Are All Prenups Enforceable?

Chapter 19: The Postnup: A Powerful Tool to Be Handled with Care

Chapter 20: What Are the Ways to Begin the Process?

Chapter 21: Lawyer or Mediator: How Can We Find a Good One?

Epilogue and Acknowledgments

Legal Disclaimer

Table of Cases and Statutes


Driving Your Spouse Crazy, Literally

10 Things I Hate About Prenuptial Agreements

A significant part of my law practice is a steady stream of prenuptial agreements for clients who are embarking on marriage. Generally (but not always), I represent the less-moneyed spouse.

Prenups – Don’t Lawyer Up, Mediate! Part I: “The Problem”

There have been many articles on The Huffington Post and elsewhere touting the benefits of prenuptial agreements, such as, “Why Engaged Couples Should Sign a Prenup.”

Mediation is often the preferred way of getting a prenuptial agreement done. Parties to most mediated prenups also have attorneys in the wings, advising them along the way, and reviewing and possibly making changes (hopefully improvements) on the final draft agreement. We call these reviewing attorneys, and they have a very important function.

It is important to find a prenup lawyer or mediator who shares a similar personal outlook and values as you and your future spouse. I have questions to ask professionals in order for you to help qualify them and pinpoint a good match.

Prenups – Don’t Lawyer Up, Mediate! Part II: “The Solution”

In the first part of this article, Prenups — Don’t Lawyer Up, Mediate! — Part I: “The Problem”, I discussed the dangers in doing prenups the usual way — lawyering up and making it like an adversarial business deal.

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