In complex situation, having your review attorney engaged and having a discussion with him or her before the first mediation session can be very helpful. You’ll get this lawyer’s view on what your aims are (or should be) in the prenup, and what options there are to address the issues you want resolved. Discussions between you and your fiancé at this stage is also very important, to share the information imparted by your respective attorneys, and to see what issues may be important to resolve in mediation.

Reviewing attorneys can and should be consulted after (and maybe also before) each mediation session, to analyze the progress and the issues still remaining to be resolved. It is very rare in prenuptial agreement mediation for the attorneys to accompany the clients to the mediation sessions, although there is no proscription against this. (Divorce mediation sessions rarely (but sometime) include the clients’ attorneys.

Laurie Israel
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