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Mediation Blog

February 22, 2023 - This article is the beginning of a series about the disposition of the marital home for couples with children. When there are no children in the marriage, the usual plan for a divorcing couple is to sell and divide the proceeds. When there are children, one party may buy out the other in order for the children to remain in their school district, but today’s higher interest rates may complicate the buyout and the divorce.If you would like more information about me [...]

February 8, 2023 -   Going through a divorce isn’t an easy thing and there are times when you can’t sleep worrying about it. Or when your mind is racing and you can’t concentrate. Or strong emotions overwhelm. And this almost always happens when your usual support resources are not available. What do you do? This blog suggests that the practice of meditation may be very helpful. If you would like more information about mediation, prenups, and family law, check ou [...]

January 25, 2023 -   I had a couple who came to mediation from family court. They worked through all the issues of their parenting plan, except for one minor issue. They decided to go back to family court and ask the judge to make the decision for them. Sounds easy, but that’s not exactly how it worked out. If you would like more information about mediation, prenups and family law, check out my website — ClarePiroMediation.com.     [...]

January 10, 2023 -   Do you find yourself using a very negative voice that speaks to you in a way that you would never speak to anyone else? In this video, I offer some insights that I picked up in a meditation on cultivating self-compassion. Taking a moment to stop, take a breath and think of what a friend might say to you can lead to some healthy self-reflection and a more productive discussion with yourself.If you would like more information about mediation, prenups and family l [...]

December 13, 2022 -   A prenuptial agreement isn't in itself fair or unfair — It depends on what the terms are. There are two ways to address the issue of fairness, either through attorney negotiation or mediation. Throughout my series on prenups, I’ve suggested that mediation is the best process for this type of discussion, especially in terms of whether or not you find the terms to be fair. [...]

November 16, 2022 -   No couple gets married expecting to be divorced, but when creating a prenuptial agreement most couples decide to include a term defining what will be considered marital and separate property. If the couple defines them in a way that limits them, then obviously, there will be limited assets subject to distribution if they do get divorced. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com. [...]

November 1, 2022 -   It’s that time of year when ghosts and goblins abound, scaring the kids and sometimes the adults as well. The overall feeling of being scared, anxious and out of control is very similar to how divorcing parents feel, especially when it comes to their children. A Child Specialist can advise you in ways to help combat those emotions. [...]

October 13, 2022 -   In New York, there is a statute that gives a surviving spouse the right to elect against the Will of a deceased spouse, if that Will leaves them with less than the greater of a third of the estate or $50,000. In a prenup, you can waive that Right of Election if circumstances warrant it. Mediation is a good place to talk about your expectations and what would be appropriate to maintain your standard of living. If you would like more information about mediation a [...]

September 28, 2022 -   Prenups get a bad rap, but there are times when they may be appropriate. This video looks at some circumstances where one party may have a concern that they feel would be addressed best with a prenup. Valid reasons or not, this could still be a difficult conversation to have with your fiance, so have the discussion as far in advance of your marriage as you can. If you would like more information about mediation and prenups, check out my website — ClarePir [...]

September 15, 2022 - {3 minutes to read} If you and your spouse have a lot of conflict between you, you're going to want to have as much detail as possible in your parenting agreement. Here are a few tips that can help you to achieve that during your mediation.  1. Speak Up.    Clearly, your mediator is going to be aware of the level of conflict between the two of you and will raise the issues that are most commonly addressed in Separation Agreements in terms of parent [...]

August 10, 2022 -   So, what is a sunset clause? By definition, it means that after a defined period of time, the clause has no effect. In a prenup, a sunset clause can take different forms but usually refers to voiding the agreement or only certain terms of the agreement after a period of time. In some cases, certain terms are actually expanded. Whether or not it's right for you is clearly something that the two of you need to decide. If you would like more information about medi [...]

July 13, 2022 - Sometimes there isn’t a lot of conflict between you and your spouse, and you feel that you won’t have any problems with joint decision making but including a default provision in your agreement, just in case things don't go as expected, might be wise. If you would like more information about mediation and joint decision making, check out my website — ClarePiroMediation.com. [...]

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