Many individuals approach a Chicago prenuptial agreement with a great deal of trepidation. Prenuptial agreements often seem coercive in nature with the wealthier individual threatening to cancel the wedding if the lower-earning spouse does not agree to sign away important rights. However, people who love each other can create a Chicago prenuptial agreement that makes them both feel safe and happy by using the process of mediation to negotiate it.
The first step to create such a feel-good agreement is to choose a mediator. A divorce mediator can offer very helpful insight into the process of divorce and what may become issues later in the marriage. This allows him or her to make recommendations based on personal experience. He or she can emphasize the need to create fair and workable provisions that protect both parties in the event of divorce.
The next step of the process is to address each party’s concerns and interests during the mediation process. The mediator can explain what Illinois law is on various issues in a divorce to help identify areas where the couple may want to reach a different agreement. Because the mediator is an objective party, he or she can help level the playing field between the parties. Each party’s interests are just as important as the other party’s interests.
Parties to mediation can often yield successful results when they brainstorm together. The parties may agree to increase a monetary payout for each additional year of marriage or offer a gradual sharing of separate assets.
Both parties should still have their attorneys review the agreement. However, it is important that such a reviewing attorney understand the objectives of mediation, which includes creating an agreement that works for both parties. Attorneys may even participate in the mediation process.