tag:blogger.com,1999:blog-770452564216011045.post6942989845300762896..comments2023-11-03T00:22:12.195-07:00Comments on Texas Collaborative Law Blog: Collaborative Prenuptial AgreementsDick Pricehttp://www.blogger.com/profile/11176349636346315380noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-770452564216011045.post-41916007080436238112010-03-07T22:37:30.160-08:002010-03-07T22:37:30.160-08:00Hi
As an Australian collabortive practitioner I wa...Hi<br />As an Australian collabortive practitioner I was interested in the different perspectives on pre-nuptial collabortive agreements. WE hve the ability to assist clients and their partners enter inot binding financial agreements before they marry, during marriage and after seperation. The agreements don't carry much weight once children are part of the mix but are useful tools none the less to help couples without children to set up a framework for how they would want to divide the property after seperation.<br />I personally would rather use a collaborative model to have that conversation than rely on a solicitor negotiated model. In fact I have recently advised a client to encourage their partner to consult a collaborative colleague with whom I know I work well so that we can have that difficult conversation. I would really love to throw into the joint meeting a MHP like Linda Solomon. We are still in our infancy in Adelaide and our first trained MHP Amanda Shea Hart will hopefully be able to be part of our joint meetings.<br />CheersChristopher Swanhttps://www.blogger.com/profile/14364848932795698454noreply@blogger.comtag:blogger.com,1999:blog-770452564216011045.post-6004980183088324822010-03-01T08:18:01.773-08:002010-03-01T08:18:01.773-08:00My law practice in Cincinnati, Ohio is limited to ...My law practice in Cincinnati, Ohio is limited to Collaborative Family Law and Mediation. I am past chair of the Cincinnati Academy of Collaborative Professionals, a multi-disciplinary association of lawyers, mental health professionals and financial planners.<br />I happen to be of the opinion that Collaborative Law IS NOT appropriate for either pre-nuptial or post-nuptial negotiations. By their definition and purpose, these agreements anticipate a future disagreement. They contemplate failure of the marriage. The disadvantaged spouse's only leverage is to attack the agreement and his or her witness will need to be the lawyer who sat in on the negotiations. The Collaborative Participation Agreement will have most likely guaranteed the lawyer/witness privilege against future testimony and his or her client will have relied upon promises of confidentiality. I believe it presents a quandary not present in main stream Collaborative cases dealing with the end of a marriage. maury@mowhtieaw.com; www.collaborativefamilylaw.bizMauryhttps://www.blogger.com/profile/08497191291190843520noreply@blogger.com