Mediation vs. Postnuptial Agreements in Atlanta

Mediation and postnuptial agreements both represent alternatives to divorce litigation. However, spouses use these two methods in completely different scenarios. Which one makes more sense for you? Should you create a postnuptial agreement now, or wait until a potential breakup and begin mediation? Learn more about this subject by speaking with a family law attorney in Atlanta.

Postnuptial Agreements Represent a Precautionary Measure

Postnuptial agreements are distinct from divorce mediation in one major way: They represent precautionary measures for a divorce that has not yet occurred. Indeed, the divorce may never actually occur at all. Postnuptial agreements merely ensure that if a divorce ever occurs, the spouses will have already decided how to handle their various disputes. These agreements may cover subjects like property division and alimony (spousal support).

While postnuptial agreements may make subtle suggestions on child-related subjects, spouses cannot agree ahead of time on child custody and child support. The family court reserves the right to make these decisions while acting in the child’s best interests.

One might argue that postnuptial agreements may not be as “essential” as divorce mediation. This is because postnuptial agreements are completely optional, while spouses must resolve their differences in some way when divorce becomes inevitable. That being said, mediation is also voluntary and optional. Spouses are free to choose other alternative dispute resolution methods or litigation.

Mediation Occurs When Divorce Is Already Unavoidable

Spouses engage in mediation when divorce is already unavoidable. These discussions are therefore inherently more urgent. Even though mediation is voluntary, spouses must choose at least one option when resolving their differences during divorce.

Unlike postnuptial agreements, divorce mediation can cover child-related subjects. In fact, family courts encourage divorcing parents to agree on custody schedules and other co-parenting decisions without going to court. Although the family court always has the final say when it comes to child-related matters, it often allows parents to make these decisions in private.

Both Mediation and Postnuptial Agreements Allow Spouses to Avoid Litigation

The main similarity between postnuptials and divorce mediation is the fact that both methods allow spouses to avoid litigation. This is a priority for many spouses. Some want to avoid divorce trials because they prefer to keep the details of their divorces private. Others avoid litigation because they are concerned about paying excessive legal fees. Others avoid trials because they want to get the process over with as quickly as possible.

Can a Postnuptial Agreement Lawyer in Atlanta Help Me?

A postnuptial agreement lawyer in Atlanta may be able to help if you’re considering this option. Postnups can be extremely effective for those who want to avoid litigation during a potential divorce in the future. However, mediation and other forms of ADR can achieve the same goal down the line if necessary. Speak with Buckhead Family Law to assess your unique situation and determine the right choice.

Sources: 

jstor.org/stable/788930

legis.ga.gov/api/legislation/document/20152016/156051