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21 Nov 2023 Premarital mediation: better prevention than cure

Marriage is an important step in life, and for many couples it comes with legal and financial obligations. The same is true these days for life partners who don't consider the marriage certificateso important, but would like to live together. Taking a step towards marriage or living together can involve an overwhelming range of emotions and concerns. Not surprisingly, more and more life partners are seeing the value of premarital mediation. That is a process where prospective spouses/cohabitants, under the guidance of a specialised family and inheritance law lawyer mediator, work together to discuss and record important issues before their marriage/cohabitation in so-called prenuptial agreements and cohabitation contracts, with the aim of avoiding future disputes after divorce or death.

So why not just go to a notary for prenuptial agreements or cohabitation contracts? Here are some reasons why one should consider opting for premarital mediation with a lawyer mediator specialising in family and inheritance law:

  1. Clarity and transparency:

Premarital mediation allows life partners to talk openly about important issues, such as finances, property, debts, and even personal values and expectations. The process promotes clarity and transparency, which can help reduce uncertainties and misunderstandings.

  1. Preventing future disputes:

One of the main benefits of premarital mediation is that it can help prevent future disputes. By agreeing in advance on how certain matters will be handled in case of divorce or other unforeseen events, life partners can reduce conflicts and legal costs.

  1. Protection of individual interests:

Premarital mediation allows each individual to protect their own interests and assets. It is an opportunity for each partner to ensure that their financial and personal interests are respected and preserved, no matter what happens in the future. If couples are comfortable, premarital mediation can even take place in the same format as Collabarative Divorce, with each partner having their own lawyer available and other professionals can be added to the team if necessary. Always in consultation with the partners concerned. Specialised family and inheritance lawyers are trained in dealing with legal issues and are experts in interpreting and applying the law. In premarital mediation, it is important to understand the legal implications of agreements. A specialised lawyer mediator can help you with this and can also advise you on the latest laws and regulations that may affect your situation.

  1. Improving communication:

The process of premarital mediation encourages communication and cooperation. By discussing difficult issues and reaching agreement, life partners can improve their communication skills and learn how to negotiate effectively with each other, including for during marriage or cohabitation.

  1. Reducing stress and uncertainty:

Getting married or moving in together is stressful enough without the added worry of legal and financial issues. Premarital mediation can help reduce that stress and uncertainty by providing clarity and certainty about how matters will be handled.

  1. Adapting to unique needs:

Every marriage and extra-marital union is unique, and premarital mediation agreements can be tailored to the couple's specific needs and goals. A specialised family and inheritance law lawyer mediator can provide customisation. This customisation ensures that the agreements are relevant to the individual situation as well as in line with relevant laws and regulations.

  1. Investment in the future:

Premarital mediation is not only focused on the present, but also on the future of the couple. It is an investment in the sustainability and harmony of the marriage, with the aim of preventing conflicts and laying the foundations for a healthy relationship. Knowing where you stand at the beginning of such an extensive adventure as marriage or cohabitation in case of divorce or death of one of the partners brings peace and security.

Premarital mediation usually requires seeing through complex financial and legal issues. Specialised family and inheritance lawyers have extensive experience in negotiations and can help you reach an agreement acceptable to both parties. They also have experience in divorce proceedings in courts and are therefore ideally placed to recognise which issues pose many legal battles at the end of a marriage. They are therefore particularly well suited to working with the partners to reach agreements that avoid court proceedings in the future. Every marriage is unique, and premarital mediation agreements should be tailored to the specific needs and goals of each couple.

Premarital mediation is a valuable step for life partners who want to start their marriage or cohabitation with clear agreements and mutual understanding. While notaries are skilled professionals, specialised family and inheritance lawyers offer some unique advantages as advisers on this topic, especially when it comes to legal complexity, protection of individual interests and conflict management. Premarital mediation under the guidance of a lawyer mediator can help you step into marriage with confidence, knowing that your rights and interests are well protected. It is an investment in your future and well-being as a couple.

Are you thinking about prenuptial agreements or a cohabitation contract. Then contact Ms Angelique van den Eshoff, estate and family law lawyer at SPEE advocaten & mediation for expert advice and support. She is an experienced lawyer with expertise in Premarital mediation.

SPEE advocaten & mediation Maastricht


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