Erin E. McKinley

#Out-of-Court Negotiation

Couples who communicate well and have few real differences to resolve may prefer to plan on their own. This method is best reserved for couples who share a reasonable degree of trust in one another and who are committed to following through on their discussions.

Some couples feel confident about writing their own agreements and submitting them to a court without the help of lawyers. However, it can be risky to proceed without any legal assistance, even when both spouses or partners are doing their best to cooperate. For example, sometimes couples use language in their agreement that is unclear or open to two or more different interpretations, and sometimes they overlook issues that they should have addressed in their agreement. These types of errors can lead to future conflict.

If you are inclined to negotiate directly with your spouse or partner, consider hiring a lawyer before you make any promises. It is also a good idea to hire a lawyer to write up the agreement that you and your spouse or partner will sign. If it is your goal to reach an agreement without going to court, you will want to be sure that the lawyer you hire supports your approach.