The prenuptial agreement is a double-edged sword. Although a skillfully drafted agreement can protect parties, it can start off marriage on the wrong foot by generating resentment and hurt feelings. Mediation or collaborative law can transform a potentially destructive process into a positive one, by making the prenuptial agreement negotiation inclusive and mutual.
Trust construction is highly discretionary, uncertain, and can result in different outcomes on all decision making levels. Given the variability of judicial outcome when dealing with trusts, parties would be on safest ground by understanding that this area of the law is fraught with unpredictability and that settlement is their best bet...
Why it's hard to force a soon-to-be ex-spouse to leave the marital home -- and why that spouse should leave anyway.
The sooner your spouse vacates and the parties are separated, the sooner you can start to establish a track record of child support or alimony payments. Proof of support payments must be shown before the spouse who is staying in the home can refinance the mortgage in his or her own name and the paying spouse can buy their own home.
Having independent counsel will help you be sure that your agreement is fair, complete, and enforceable.
As your advocate and family law expert, your lawyer can help you determine if agreement terms will benefit you and your family members, whether you should compromise or hold fast on certain elements, and if your agreement is fair and equitable. Through discussions with you, your attorney can also identify missing details, pitfalls, or unforeseen consequences that may not have occurred to you in mediation, and can make your agreement easier to understand and interpret down the road.