Prenuptial Agreements and Mediation: An Expert Overview from Vanessa Friend

Mediation is a great option for couples considering a prenuptial agreement. It provides a safe, confidential setting into which to discuss the terms and ensure that it is fair to both of you. Vanessa Friend, Head of Mediation, gives you a quick overview of the process and benefits.

Negotiating a prenuptial agreement in mediation

It’s understandable that negotiating a prenuptial agreement or any relationship agreement can be an intimidating prospect. As lawyer and mediator, I know that you want to finalise the terms and quickly and easily as possible. Mediation can help with this process. It provides a safe, confidential setting in which to discuss the terms of the prenup and ensure that it is fair to both of you.

How does it work in practice?

Firstly, I would meet with each of you separately to discuss your aims for the prenup, the background to your relationship and the mediation process. This helps to ensure that I can support you in the joint mediation sessions.

If you both want to proceed after the initial meetings, then we can schedule the first joint mediation session. This can either take place in person or online. During the sessions I will facilitate constructive discussions between you and we can work through any sticking points.

The number of sessions is up to you and once the terms have been agreed, your lawyers can finalise the prenup for your signature.

The benefits

There is a real value in being able to talk to each other directly, as opposed to all communications about the agreement going through your lawyers. It also means you are less likely to feel that you must have discussions about the prenup at home, perhaps over the dinner table, because you can save those conversations for the mediation sessions.

A prenuptial agreement must be fair to both parties for it to be upheld by the court. Mediation can provide a space to discuss what fair means to both of you and ensure that neither party feels pressured to agree to the terms.

Mediation is a great option for negotiating a prenuptial agreement, postnuptial agreement or cohabitation agreement, as shown by the client comment below:

“Thank you for your support throughout the mediation process. I must admit I felt quite apprehensive about the process initially. However, I am grateful for the progress made and for your guidance in helping us navigate through it. Thank you again for your professionalism and support.”

If you would like to discuss mediation further, please contact us on 0330 822 3451. One of our expert family solicitors would also be happy to speak to you. Alternatively, request a callback at a time that is convenient for you.