Mediation – Counseling Clauses
A medication clause can be written in to a prenuptial agreement if so desired.
The benefit of such a clause is that it is intended to slow the pursuit of a divorce and encourages the parties to:
- Mediate matters to effect a more civil divorce and negotiate an equitable settlement of the marital assets.
- Mediate the difficulties of the relationship with the intent to repair the problems within the marriage so the marriage can continue in a more harmonious fashion.
- An agreement of professional marriage counseling can also be written in to the prenuptial agreement to encourage the parties to correct the problems within the marriage and reconcile. An agreement of this type written within the prenuptial agreement would have the parties’ agree to attend counseling or mediation before commencing a dissolution of marriage proceeding. These types of agreements can be difficult to enforce if one party refuses to participate in the spirit in which the agreement intended. However, it has also been found that a majority of couples do agree to participate in counseling and mediation, and that positive results can be achieved.