I last posted on the advantages of mediating a prenup agreement and some recent events demonstrate the disadvantages of not having one.

According to TMZ, celebrity couple Ben Affleck and Jennifer Lopez married in 2022 and when Lopez filed for divorce this past August, it became known the couple had no prenup. Under California law their earnings from individual projects and endorsements the past two years are community property, which include a $68 million mansion in Beverly Hills.

It’s reported the couple are “not speaking” and are working with celebrity divorce attorney Laura Wasser. While mediation is private, their filing by contrast will require each provide financial disclosures, which will be public.

This illustrates the advantages of mediation. With a prenup this conflict could have been avoided and the agreement details would have been private.

While most individuals would prefer to not have their separation make tabloid news, most couples recognize the benefits of privacy and avoidance of the potential trauma that accompanies intense conflict.

While most know mediation is used for child custody, visitation, and settling court cases before trial, there are lesser known uses that are beneficial. One such is for developing Prenup Agreements.

Prenups are legal agreements that detail for couples who plan to marry how they’ll divide their assets during marriage and in the event they separate. Some assume prenups are only for celebrities and very wealthy individuals. But any couple can benefit from developing a plan, which can save money spent later if the marriage should end. In fact, most couples find a prenup strengthens their communication and relationship. Those whose parents had a difficult divorce are typically more aware of the need for these legal contracts.

Couples who use a mediator to help develop a prenup often use the session to agree not only on the division of assets, but to discuss other issues, such as having children, living arrangements, vacation preferences, and other lifestyle choices, that if not adressed in advance can later be the source of conflict.

Legal requirements for prenups vary by state. After an agreement is reached the parties must have an attorney draft the contract consistent with their state’s laws.