Law Office of Sally Cooperrider

  210 N. 4th Street, Suite 101
San Jose, CA 95112
Phone: (408) 287-7717
Email: sally.cooperrider@sbcglobal.net

COLLABORATIVE PRENUPTIAL AGREEMENTS


Pre-nuptial agreements are well-suited to Collaborative Practice. People about to be married generally have high hopes for the marriage, and don't expect conflict to become a major problem. However they rarely talk through the kinds of financial and other issues that can up for them. If a couple does talk through those issues and expectations in a calm and respectful way while the issues are still theoretical, it can put them on a better footing to start their marriage. They will have a better understanding of each other and what each other expects.

In a Collaborative prenuptial process, each future spouse has their own attorney to advise them. The clients and attorneys meet in a group to methodically discuss potential issues and find solutions that satisfy each future spouse. Each future spouse can also talk individually with their own attorney at any time during the process to make sure they understand how a potential agreement might affect them personally. Collaborative attorneys are specially trained to help clients communicate effectively, and to help them reach agreement in a respectful way. 


In a non-Collaborative prenuptial process, usually one attorney in consultation with their client drafts a proposed agreement, and then sends it to the other future spouse or their attorney. If changes are requested, the attorneys may talk to each other, but the clients are not part of the conversation. In a Collaborative prenuptial agreement process the future spouses are involved at each step of the process, with attorneys at their side to give them information and facilitate the conversations. The result is an agreement that the clients have co-created and fully understand.