How a Mediator Can Help with Premarital, Divorce, or Separations
Premarital discussions can be difficult to have with your partner because who plans for an end to a marriage before it hasn’t even begun? However, sometimes it is prudent for both parties to have these discussions ahead of marriage.
These discussions can include items such as the desire to or not to have children, how to address property owned by one party before the marriage which will become the family home, division of assets in the event of a divorce, decisions on items to be included in a will (guardian for children in the event of the death of both parents, who to assign as power of attorney, etc).
These discussions can be tough to have, but sometimes can be made easier by having a neutral third-party facilitator involved. This way everyone feels comfortable expressing their true feelings on the issues at hand as the mediator is there to assist parties in reaching a mutually satisfactory resolution. The mediator is not there to make a decision for the parties or advise them in any way. They are only there to be a neutral third party to facilitate negotiation and discussion.
And in the end, the outcome from these premarital discussions can be included in what is typically known as a ‘prenup’ or a prenuptial agreement. It should be noted that the mediator does not draft up the prenup agreement – the parties or their lawyer(s) handle that aspect after an agreement is made.
However, if these discussions are not had before marriage or if a prenuptial agreement is not set in place and the marriage begins to break down, mediation can be an important step in the separation or divorce process. This is because mediation allows both parties to have a say in the decision on what their divorce will look like in their own hands. For example, a mediator can help facilitate discussions around custody of children after a divorce, division of assets after a divorce, child support arrangements, etc.
It should be noted that parties can attend mediation either prior to or during the court process and can attend mediation either with or without a lawyer. If the issues at hand in a divorce can be decided upon in mediation it can make the court process much smoother for all parties involved.
At De Palma & Associate we offer mediation services for many different types of disputes, not just premarital, divorce and separation issues. We can assist you with estate disagreements, contract disputes, employment issues, and more. As well we can also provide legal representation for Small Claims Court cases, landlord and tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions) and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require mediation or legal representation, give us a call at De Palma & Associate at 705-429-2401.