Pre-marriage mediation is an alternative way to create a marriage contract. In this process, a mediator allows for an open discussion between the couple on all kinds of marriage issues, such as expectations for work after the birth of children and saving and spending styles, as well as traditional pre-marital discussions about the distribution of property and assistance to spouses when the marriage ends. The engaged couple, with the help of the Mediator, makes all decisions about what would happen in the event of separation or divorce. They then design either a deal memo or a pre-marital agreement and have it verified by their respective lawyers. A developed agreement on mediation is usually less expensive, since fewer hours are spent with lawyers, since the couple has made all the decisions together, instead of one page against the other. [Citation required] The laws passed by states that adopt UPAA/UPMAA have some differences from state to state, but this legal framework has certainly made it easier for lawyers to prepare enforceable marital agreements against clients by clearly stating the requirements. For example, under Florida law, there is a very significant difference in what is required to enter into a legally binding marriage contract compared to a post-ïcoum contract. To effectively waive the rights of spouses normally available to a surviving spouse under Florida law (such as farms, election shares, exempt property, family allowances, etc.), the parties must disclose their assets and liabilities in full and fair to each other before entering into a contract. On the other hand, no financial disclosure is necessary to waive the same rights of the spouses in a pre-marital contract concluded before marriage.

[30] However, if the lack of disclosure makes a prenup ruthless (unfair to a spouse) under Florida uniform law, it may not be applicable for these reasons. [31] The question of whether a prenup makes divorce easier or faster is open. If a spouse asks the court to invalidate the prenup, this can lead to long and costly litigation. On the other hand, an undisputed prenup means fewer discoveries about the objects listed in the agreement and therefore less relentlessness all around. This means that the court and lawyers have less to do. When drafting an agreement, it is important to recognize that there are two types of state laws that govern divorce – equitable distribution practiced by 41 states and common property, which is practiced in some variants of 9 states. . .

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