Traditional vs. Collaborative Prenups

Prenuptial Agreement and money

When a couple decides they would like to get married, sometimes a pre-nuptial agreement is needed because of the couple’s complex pre-marital financial landscape.

Prenups in the traditional sense are created without the signing partner’s input and are often slanted to benefit its creator and not the signee.

This creates a competitive and adversarial environment before the joyous day.

The lawyer for one client drafts a one-sided legal agreement; sometimes this lawyer is a business lawyer and not even a family lawyer. They give their draft to their client to give to their soon-to-be partner, who would then have their attorney review it. The attorneys are in charge of the terms of the agreement, not the couple.

This usually puts the marriage, before it even occurs, on notice about what will happen should the marriage be dissolved. It’s easily understandable how emotions can run high when a traditional prenup is drafted.

But in today’s world, when a pre-nuptial agreement is created using the collaborative model, couples both have a voice in how the agreement is created. Here are a few benefits that couples often see:

  • The Collaborative attorneys work together with the couple as a team to build an agreement – considering both their goals and concerns
  • The couple can grow together and work together and find common ground
  • Both spouses can enter the marriage with a deeper understand of their finances
  • Clients determine the terms of the agreement, not the attorneys
  • The attorneys are there to give feedback and guidance on how the laws may apply

When a couple chooses to create a collaborative pre-nuptial agreement, it brings them together because they both understand it, agree to it and own it. This compassion and clarity build up the foundation of the marriage instead of forcing them to be adversarial, which a traditional prenup can do.

When you utilize the Los Angeles Collaborative Family Law Association experts, you start off knowing you are properly prepared with a team of divorce experts.

Call us today if you would like to learn more about how our members at the LACFLA can help you and soon to be marital partner create a collaborative prenuptial agreement.

Note: This information is general in nature and should not be construed as legal/financial/tax/or medical advice. You should work with your attorney, financial, medical or tax professional to determine what will work best for your situation.


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