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Two Advocates
Each partner has their own attorney, so both are advised and neither feels cornered.
Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Collaborative Divorce / Premarital & Postmarital
Premarital & Postmarital · Virginia
An agreement built together, not fought over.
The collaborative model is not only for divorce. It works just as well for prenups and postnups, when both partners want a sturdy, fair agreement they build side by side, instead of one negotiated like an opening skirmish before the marriage even starts.
First call is a conversation, not a commitment.
The Short Answer
The collaborative model works for premarital and postmarital agreements, not only divorce. Both parties have their own attorneys and work together to build a fair, durable agreement, which often produces a stronger result than the adversarial way prenups are sometimes negotiated.
How It Works
A better way to start a marriage.
Most people meet the word prenup with a flinch, and the reason is usually the way these agreements get made. One partner's lawyer drafts a document, the other partner feels cornered, and a negotiation that should build trust instead plants a seed of resentment right before the wedding. The collaborative approach turns that on its head. It uses the same cooperative framework as a collaborative divorce, applied to building an agreement rather than ending a marriage.
What these agreements do
A premarital agreement, or prenup, is signed before the marriage. A postmarital agreement, or postnup, is made once a couple is already married. Both set out how financial matters would be handled, including how property would be treated and what would happen in the event of a divorce or death. Done well, they are not a sign of distrust. They are a way for two people to make clear, shared decisions while they are calm and on the same side.
Why collaborative fits so well
The collaborative process gives each partner their own attorney, so both are genuinely represented and advised. It uses full, open financial disclosure, the same transparency that anchors a collaborative divorce. And it builds the agreement through cooperative conversation rather than dueling drafts. The result tends to be something both partners actually understand and feel good about, which is a very different starting point than an agreement one person felt pressured into.
Stronger agreements, too
There is a practical benefit beyond the better feeling. Agreements built with full disclosure and independent representation for both parties are generally harder to challenge later. Many of the grounds people use to attack a prenup, such as a lack of disclosure or a claim of pressure, are exactly what the collaborative process is designed to prevent. Whether any specific agreement is enforceable always depends on its terms and the circumstances, which is something an attorney should review, but the collaborative method builds in the features that tend to make agreements hold.
For couples who want to build it right
This path makes the most sense for couples who want an agreement that is fair, clear, and lasting, and who would rather create it together than have it imposed by one side. If that describes you, the collaborative process offers a way to handle a sensitive subject with care, and to start your marriage on honest, settled ground.
PremaritalA prenup, signed before the marriage.
PostmaritalA postnup, made after the couple is already married.
The methodBoth partners represented, full disclosure, cooperative drafting.
The benefitAn agreement both feel good about, and that tends to hold up.
NoteEnforceability depends on the terms and circumstances; have an attorney review.
Built Together, Not Imposed
The grounds people use to attack a prenup later, such as no disclosure or claimed pressure, are exactly what the collaborative process is designed to prevent. Building it together is not just kinder. It tends to make the agreement stronger.
Note: Enforceability depends on terms and circumstances; have an attorney review.
Alisa Chunephisal, Esq.Founding Partner
Attorney Insight
A few honest things about these agreements.
"A prenup made as a fight can damage a marriage before it begins. One built together can actually strengthen it."
I have seen prenups poison the months before a wedding, and I have seen them bring a couple closer because they finally talked honestly about money. The difference is almost always the process. When both partners are represented and the agreement is built cooperatively, the conversation becomes a chance to get on the same page rather than a contest. I always tell couples that whether a particular agreement will hold up depends on its terms, so it needs real legal review, but the collaborative way of building one tends to produce exactly the features that make it durable. It is a sensitive subject handled with care.
Questions Families Ask
Plain answers about prenups and postnups.
These are the questions couples ask most about building an agreement collaboratively. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
Can the collaborative process be used for prenups and postnups?
Yes. The collaborative model works for premarital and postmarital agreements, not only divorce. Both parties have their own attorneys and work together to build a fair, durable agreement, which often produces a stronger result than the adversarial way prenups are sometimes negotiated.
Why use a collaborative approach for a prenup?
A prenup negotiated as a fight can start a marriage on a sour note. A collaborative approach lets both partners be represented, disclose finances openly, and build the agreement together, which tends to produce something both feel good about and that is more likely to hold up.
What is the difference between a premarital and a postmarital agreement?
A premarital agreement, or prenup, is signed before marriage. A postmarital agreement, or postnup, is made after the couple is already married. Both set out how financial matters would be handled, and both can be built through a collaborative process.
Does a collaborative prenup hold up better in Virginia?
A well-built agreement with full disclosure and independent representation for both parties is generally harder to challenge later. The collaborative process is designed around exactly those features, though whether any specific agreement is enforceable depends on its terms and the circumstances, which an attorney should review.
When You Are Ready
Build the agreement the right way.
Tell us what you are hoping to put in place, and we will explain how a collaborative prenup or postnup works and whether it is the right fit for you both. Three offices across Northern Virginia, one phone number.