September 6, 2026
Collaborative Moments – The Prenuptial Agreement
I clearly recall a former client calling me one afternoon. I had represented him in a successful collaborative divorce several years earlier. Initially I assumed he was calling to modify the divorce judgment because the circumstances of my client or his former wife had substantially changed. Instead, he said he was engaged to be married and he and his fiance, both having children and grandchildren from their prior marriages, wanted a prenuptial agreement. My client’s collaborative divorce was challenging, due to special circumstances involving family trusts, but overall positive. His fiance however, had experienced a financially, emotionally and mentally devastating litigated divorce. In light of their completely opposite divorce experiences my client’s fiance wanted to negotiate the prenuptial agreement through the collaborative process. My client agreed to call me to see if that was possible.
I responded, of course it is. I’ve helped many clients create prenuptial agreements through the collaborative process. I’ve found the transparency of the process is especially beneficial to engaged couples. just starting their lives together, lives that will certainly require some challenging times and conversations. Collaboration requires the couple, whether engaged or married, to communicate openly and honestly withought the ability to hide behind their lawyers or avoid necessary but uncomfortable conversations.
My client, his fiance and her collaborative lawyer successfully negotiated the prenuptial agreement. As is often the case, this couple choose to include in their prenup a requirement that in event of divorce, they would return to the collaborative process before resorting to litigation.
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