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Mediation Blog

Topic: Separation Agreement | 28 post(s).

May 18, 2021 - {3 minutes to read} The idea of a prenuptial agreement is familiar to most people — an agreement that a couple can enter into before their marriage that can provide how property and debt will be distributed in the event of death or a divorce. It can also provide for paying or waiving spousal support. But what exactly is a postnuptial agreement, and why would anyone want one? A postnuptial agreement is an agreement that a married couple can create to do the very th [...]

April 30, 2021 - {4 minutes to read} I often receive phone calls from potential clients telling me that they have settled everything and just want me to write up their agreement. When faced with this request, I explain that this is not what I do and why mediation would still be important even if they have discussed and agreed upon terms.  Terms that were Not Addressed Even if there are no minor children, it’s difficult to navigate through all of the terms that need to be con [...]

September 11, 2019 - {3:30 minutes to read} Both the clients and the mediator want to be sure that the first meeting is productive, both because of the cost involved and because everyone wants to feel that something was accomplished and momentum is building. That’s why at the initial consultation I suggest clients to do the following before scheduling the first meeting: Review the checklist I provide. To the extent that it’s productive for them to do so, I suggest that clients [...]

May 1, 2019 - {3:00 minutes to read} One of the things you will be asked to address in mediation is what, if any, changes will be made to child support. In a previous post, I wrote about New York’s statute that would permit parties to file for a modification for support under certain circumstances. But, if you’re mediating now, you certainly would want to avoid having to go to court to modify child support in the future. It’s best to include the changes to support t [...]

March 20, 2019 - {3:00 minutes to read} I’m writing this after a particularly stressful December. I anticipated that the rush to complete separation agreements by the end of the year would make for an unusual amount of stress. What I didn’t count on was the perfect storm in terms of anxiety when that unusual work stress combined with all that I needed to do in preparation for the holidays. No one, including myself, wanted to be around me for any length of time. Clearly, the [...]

November 20, 2018 - {3:00 minutes to read} In the last post, I addressed the designation of beneficiaries of your life insurance in order to ensure the continuation of child or spousal support. While the continuation of support is important, there are some other issues about life insurance coverage that may need to be discussed in mediation. Employer-Provided Life Insurance Individual life insurance policies owned and paid for by the parties provide the most control and flexibility in ter [...]

September 20, 2018 - {3:30 minutes to read} I tend not to use the word “settle” with clients in mediation. Although to settle is defined as “to reach agreement or decision...,” I prefer to use the phrase “to agree upon terms.” To me, to agree upon terms in mediation is quite different from settling on terms which have been hashed out by attorneys in an adversarial setting. In an adversarial setting:  Each attorney’s role is to advocate for t [...]

June 6, 2018 - {3:00 minutes to read}  Why would you want to continue living together with your ex after you sign a separation agreement? Many couples feel that financially, they have no choice but to live together. It could be because they are waiting for the closing on the sale of the home before they can both move out or that they agreed that they could both save money for a period of time if they lived together. Living together for any period of time can lead to unintended si [...]

April 25, 2018 - {4:00 minutes to read} The mutual goal to reduce the financial costs of a separation is a primary motivation for most of my clients, second only to the desire to reach an agreement with as little rancor as possible. Regarding the financial costs, however, there are steps that clients can take to ensure that mediation fees remain reasonable by limiting the number of sessions that are needed. Complete Your Work Between Meetings At the end of my summary of the meeting, I [...]

March 14, 2018 - {3:42 minutes to read} Interim agreements are agreements that determine certain terms before the parties sign a comprehensive separation agreement. Some of the topics that may be covered by these kinds of agreements could be:  How to handle the sale of a house; Support and parenting plans; A provision that marital assets stop accumulating as of a certain date; and Arranging for the disposition or purchase of a particular asset. Typically, in my practice, cl [...]

January 3, 2018 - {4:06 minutes to read} “We don’t need to mediate–we agreed to everything already and just want you to write it up.” “We don’t have any assets, so we don’t have anything to talk about.” “We don’t need a separation agreement, we just want to get divorced.” Undoubtedly, as all mediators do, I’ve heard these statements, or variations on them, more often than I can count. It’s understandable, bu [...]

November 1, 2017 - {4:12 minutes to read} As I described in Part I of this post, it’s not unusual to feel completely overwhelmed upon hearing that your spouse wants a divorce. You think the last thing you are capable of doing is making good decisions about your children and your finances. But then you keep getting pushed by your spouse to start the divorce ASAP. You can tell your spouse that you need some time to process everything and get the support that you may need to move forwa [...]

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