Potential clients come into my Tampa office all the time to learn about prenuptial agreements, how they can protect interests, and how they can provide for a more certain future.
For all these clients, I suggest that they utilize the collaborative method when developing a prenuptial agreement with their future spouse.
In this process, the Parties each hire an attorney and sign a participation agreement in which they agree to be open and transparent when developing the prenuptial agreement. A neutral collaborative facilitator is retained to help determine each client’s interests, ensure that communication is being expressed respectfully and productively, and move the process forward. A neutral accountant or financial planner is retained to review and organize the necessary financial documents, ensure full disclosure that would help validate the prenuptial should it ever be challenged, and provide financial options for the clients.
In sum, utilizing the collaborative process just makes sense when drafting a prenuptial agreement because (i) it aids in transparency and ensures fairness for the less wealthy spouse while (ii) it also provides confidence to the more wealthy spouse that the prenuptial agreement will likely be upheld if ever challenged in court.
If you have questions regarding how a Tampa Bay collaborative process can help you with a prenuptial, postnuptial, or marital settlement agreement, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.
Adam B. Cordover is Vice President of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals. Adam served on the taskforce that drafted the Hillsborough County collaborative family practice administrative order signed by Chief Judge Manuel Menendez.