NCJ Number
101807
Journal
Journal of Family Law Volume: 24 Issue: 3 Dated: (1985-1986) Pages: 451-479
Date Published
1986
Length
29 pages
Annotation
This article discusses the benefits of using an attorney and therapist as comediators in the mediation of premarital and remarital agreements as well as the issues and procedures in such mediation.
Abstract
Such comediation in premarital counseling combines the therapist's skill in addressing the emotional and relational aspects of the contemplated marriage and the lawyer's skill in providing information and assistance in achieving a viable financial agreement between the parties. Some common issues addressed in premarital mediation are property rights during the marriage, at death, or upon divorce; the ramifications of unequal financial risk by the partners in the event of divorce; and obligations to ex-spouses and children of previous marriages. After discussing the basic issues to be negotiated, the mediators present their perspective of the potential results of the mediation, such as a written agreement, a verbal agreement, increased understanding based on shared information, and improved communication and negotiation skills. The couple decides which objective to implement. Illustrations of premarital mediation processes and achievements are provided. 63 footnotes.