New York City Pre-Marriage Mediation Attorneys

What is Premarital Mediation and Why is it Helpful?

Led by Partner and Co-Chair of the Mediation and Collaborative Law Practice Group, Jessica L. Toelstedt, Pre-Marriage Mediation offers couples a supportive environment where they can discuss what type of financial partnership they envision having as a married couple and how that “vision” may or may not differ from what New York Law says would happen in the event a divorce or death. 

For example, a fiancé(e) who accumulated a great deal of wealth before marriage may realize that they need a prenuptial agreement to ensure that premarital assets are protected. In other situations, the couple may be wondering what happens if they receive a gift from family to purchase a home or inherit a property where they plan to reside as a family. If the couple has answers to these types of questions before their marriage, they can plan appropriately so that, in the unfortunate event of death or divorce, the outcome will be the result of careful and thoughtful consideration.

Given the trend of marrying a bit later in life, it is even more important in today’s world for couples entering into a marriage to understand the impact of their legal union. We are offering couples the opportunity to combine the concept of premarital counseling with mediation, providing couples a forum in which they can learn about how New York law will impact them financially as a married couple. 

What Happens During Pre-Marriage Mediation?

The Pre-Marriage Mediation process includes a New York divorce primer, which teaches couples how the law is applied in New York State, both in a divorce and when a spouse dies while married. As part of the process, the couple will provide a balance sheet with their assets and liabilities, information about current income, career trajectory, family wealth and any expected inheritance or beneficial interests in trusts. With that knowledge, a conversation can be had, facilitated by a trained mediator, about various marriage-related topics. 

Some of the topics we tend to focus on during pre-marriage mediation are: 

• What type of financial partnership you would like to have and how that relationship may be different than the default under the law.
• How to handle finances during your marriage and what the various implications are depending on how you use your accounts during the marriage.
• Discussion of future financial goals, life insurance, and the use of a financial planner and/or estate attorney to protect your assets and each other.
• What prenuptial and postnuptial agreements are and when such agreements may be relevant and helpful.
• How to handle gifts and inheritance during marriage.
• How to create or avoid the creation of marital property during a marriage.
• What your options are if you are at an impasse during your marriage.
• Discussion of various options for handling divorce and separation if that were to occur.