Can a divorce mediator help us create a post nuptial agreement?

Additional Information:

My husband and I have been married for almost 2 years. We unfortunately did not sign a prenuptial agreement.  We are working on our marriage and I’ve heard about post-nuptial agreements. Besides figuring who would get our Needham home, and division of other assets if we end up getting divorced, can we put in division of responsibilities to run the household and family? Is this something a divorce mediator could help us with?

 ANSWER:

A postnuptial agreement, also known as a post marital agreement, is an agreement on how spouses would divide their property and deal with support issues in the event they divorce, as long as the agreement is not made “in contemplation”of divorce.  The court has found this type of agreement enforceable if it meets the following criteria:  the opportunity for each party to obtain separate legal counsel of their own choosing; there was no fraud or coercion in obtaining the agreement;  all assets were fully disclosed by both before the agreement was executed; each party knowingly waives in writing the right to a judicial equitable division of marital property and assets in the event of divorce; and  the terms of agreement are fair and reasonable at the time of execution and at the time of divorce.

Couples can work through in mediation certain issues that tend to cause conflict in the relationship and outline their agreement with respect to these issues in the post marital agreement.  Although this part of the agreement would not be enforced by a court, it might assist couples to ultimately determine if the marriage should continue. A divorce mediator would certainly be able to help you work through the issues to come to a comprehensive post marital agreement.

Needham Divorce Mediator and Attorney, Tracy Fischer provides divorce mediation services and helps divorcing couples figure out important financial matters and division of property. She works with families and individuals in the Needham and other Boston Metro West area communities including : Dedham, Dover, Newton, Sherborn, Watertown, Wellesley, Weston.