How Do I Choose My Process?

Creating an agreement with another person can be difficult, whether it is a prenuptial agreement, a post nuptial agreement, a cohabitation agreement, a divorce settlement agreement or a parenting plan. There are things you already know about yourselves that can help you decide which process might work best for you.

Comfort Level

The extent to which you need the input and/or support of your own attorney or other professional can determine which process you choose to negotiate your agreement.

The extent to which you can negotiate with your partner at all can determine the best process choices for you.

The extent to which you choose to participate at all can also impact your choice.


Cost is always a major concern. However, don’t be “penny wise and pound foolish”. Your choice of process has lasting consequences, particularly when you are seeking to continue or create an ongoing co-parenting or other future relationship.


Another of your major concerns may be efficiency and timing. Address this concern with your partner and professionals as you consider processes.

Professional Resources

It might be best for you and your partner and/or family to build a “team” around your mediator to help you create your agreement and the best possible environment for future interaction. Team-building is available in all of the process choices; each process can include the professional resources you need for success.

Divorce and Separation

If you are divorcing or separating and looking to create a settlement agreement, you can explore your process options here in more detail:

Type of Agreement

Creating a premarital, postmarital, cohabitation and/or parenting agreement can be quite different from negotiating a divorce settlement, and may require a different set of skills from you and the professionals you choose. You can explore your process options here in more detail: