Mediation in Action Judith & William
The Situation
Judith and William are experiencing some rough years in their marriage. It's the second marriage for both. Trust is an issue. A surviving spouse has special rights to inherit in probate law. The couple wants to make sure that their respective children receive some of their separate assets upon death, and they did not sign a prenuptial agreement that would have ensured this. How can they make sure their children from their first marriages will benefit from the assets accumulated during their first marriages?
The Resolution
Mediation brings clarity. A third party seems to allow them to be honest with each other. For the first time, they're talking about money in an open way. Judith and William hadn't known there was a way that their children could be protected and also their support and financial commitment to each other can be confirmed. A postnuptial agreement is put in place that calls for the asset split upon death between their children and each other. That settled, the marriage begins to rebound. They remember why they picked each other and why they have stayed together 10 years and counting.
|