We Have a Prenup: Is Divorce Mediation Still Necessary?

It’s unlikely that either you or your soon-to-be ex-spouse were already planning on getting a divorce on your wedding day—after all, ending a marriage is seldom something anybody hopes for at the beginning. However, plenty of couples take a pragmatic approach to the possibility of divorce by signing a prenuptial agreement prior to getting married. While it may not be the most romantic thing in the world, having a prenup can offer a significant amount of protection in the event of a divorce.

But do couples with a prenuptial agreement in place still need divorce mediation if they choose to end their marriage? The short answer: yes. Here’s why.

Prenups have their benefits…

In many cases, a prenuptial agreement contains the details of how assets and property should be divided in the event of a divorce. In other words, it takes a lot of the guesswork out of finalizing a divorce agreement. Couples with prenuptial agreements theoretically could follow the prenup to the letter, divide their assets accordingly and finalize their divorce without the help of a mediator.

…but there can also be drawbacks

Of course, not every divorcing couple is going to be so willing to cooperate. If the validity of a prenuptial agreement is contested by either spouse for any reason in a Denver uncontested divorce, if the couple acquired any new assets or properties over the course of their marriage that weren’t previously mentioned in the prenup or if the couple has children and needs to work out custody details, having a mediator present will help lessen the drama and guide the divorcing couple to a fair and equitable settlement.

I feel that the terms of our prenup were violated. Do we need to settle this in court? 

Drafting a prenuptial agreement prior to marriage can help save both spouses from a world of financial and emotional strain in the event of a divorce. Unfortunately, however, there is always the chance that one spouse feels that the terms of the prenup were not upheld by the other. While this can be settled in court, doing so means having to retain attorneys, pay court costs and legal fees and ultimately spend months—or even years—doing battle over it. Alternatively, working with a divorce mediator to come up with an equitable division of assets can save both time, money, and ultimately, your sanity.

If you drafted a prenup before getting married and are now considering a divorce, it’s a good idea to meet with a mediator to review the agreement and ensure that you will be able to get everything you are entitled to receive following the dissolution of your marriage.

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