A traditional prenuptial agreement can set up marriages to fail. The agreement is typically highly imbalanced financially. It is presented as something that is non-negotiable, sometimes shortly before the wedding. Some partners refuse to sign, thinking that if this is how the marriage will work, they don't want any part of it. Others sign the agreement, but begin the marriage with a great deal of resentment and mistrust toward their partner.

There is another way to do prenuptial agreements. At the law firm Sheldon E. Finman, P.A., in Fort Myers, we are collaborative law attorneys who are dedicated to finding alternatives to the traditional adversarial approach to family law issues. We help draft and negotiate prenuptial agreements, as well as represent people who are asked to sign these agreements. Call us at 239-215-4952 to schedule a consultation.

The Traditional Approach to Prenuptial Agreements

People draft prenuptial agreements for many different reasons. For example, an older couple who have children from an earlier marriage may want a prenuptial agreement to make sure their children are protected in event of their divorce or death. These agreements do not need to be adversarial.

Unfortunately, prenuptial agreements often become adversarial when one of the partners has significant assets or earnings, or has been involved in a difficult divorce in the past. In this case, the partner seeking the agreement wants to be protected, if not overprotected.

Prenuptial agreements are typically drafted by the more financially capable spouse. The agreement is typically highly imbalanced, with little or no financial benefits for the partner with the fewest financial resources. This type of agreement can lead to distrust and ill will. As a result, the agreement can set up a marriage to fail.

The Collaborative Approach to Prenuptial Agreements

A collaborative approach to prenuptial agreements is an open and respectful process. Both sides are free to express their concerns and interests. Both partners negotiate what they reasonably expect from the marriage in the event of their partner's divorce or death.

In a collaborative prenuptial agreement, both sides are represented by a lawyer trained in the collaborative law process. Collaborative law attorneys take a problem-solving approach to the issues rather than an adversarial approach.

For More Information About Collaborative Prenuptial Agreements

Call us at 239-215-4952 or send us an email to schedule an initial consultation about prenuptial agreements. Our law office is in Fort Myers and our lawyers represent clients throughout southwest Florida, including Cape Coral.