The Most Overlooked Clause That Protects Both Spouses

What if I told you there was a clause you could include in your prenup—maybe the most important clause—that protects both spouses, saves divorcing couples money, and prevents public embarrassment? And yet, almost nobody is including it in their prenup!

What Is a Mediation Clause?

It’s called a mediation clause—and it essentially says that before you start spending money on litigation before you file those divorce papers in the public record, you have to at least give mediation a shot to settle the case privately, out of court.

How a Mediation Clause Prevents Costly Divorce Battles

Once you file for divorce, it’s often off to the races. Your spouse may be completely shocked because, in many cases, attorneys advise against giving a heads-up before serving papers. This blindsides your spouse, who then scrambles to hire their own attorney. Suddenly, both sides are on the defensive, setting the tone for an expensive legal battle—averaging $30K per case, but often much more. And once divorce papers are filed, you can’t unring that bell.

The Power of Mediation in Divorce

If your prenup requires mediation, then instead of heading to a public courtroom for a legal fight, you go to a private session with a trained mediator and try to reach a fair settlement.

Mediation Helps with Child Custody and Support Decisions