Prenuptial agreements have become increasingly common in recent decades. More couples than ever draft contracts before entering marriage. They have specific agreements regarding property division or support matters in the event of a divorce. When couples have prenuptial agreements, it is typically possible for them to file a quick, uncontested divorce.
Those without a pre-existing agreement often resign themselves to litigation in family court because they can’t imagine reaching a settlement with their spouse about custody matters or property division choices.
However, it is absolutely possible for divorcing spouses without pre-existing contracts to settle matters for an uncontested divorce. Many couples turn to mediation to resolve their disagreements and sign an agreement outlining the terms of the divorce. What are some of the more common reasons that people choose mediation?
1. They want to limit time in court and divorce costs
The more issues you need a judge to resolve for you when you divorce, the more time it will take to finalize your divorce proceedings. More time in court typically translates to a much higher overall cost for the divorce.
Those who mediate don’t have to present evidence or attend multiple hearings in court. They will simply need to have a judge sign off on their agreements. Those who mediate their divorces often pay a fraction of what couples will pay if they litigate all of their major decisions.
2. They have priorities on which they refuse to compromise
Barring a written agreement between spouses, it is all but impossible to guarantee a specific outcome in divorce proceedings. If you insist on keeping the family home or would only feel comfortable with certain custody terms, the mediation gives you an opportunity to fight for the concessions that matter the most to you.
Although judges certainly do have experience and expertise that makes them effective at dividing property and parenting responsibilities, families are often happier in the long term if they create their own arrangements through cooperation with one another.
Mediation is a very useful tool for couples who know that divorce is necessary but want to minimize the conflict or unpredictability their family will face. Exploring divorce mediation as a possible solution can help you prepare for your upcoming family court proceedings.