by Betsy Vázquez
Vázquez Law, PLLC, Doral
Hispano Collaborative Professionals™ (HCP) – Part 2 continues to pave the way serving Hispanics with their first Collaborative Prenuptial Agreement.1 When couples consider marriage, the topic of a prenuptial agreement often arises, prompting the question: Why is it necessary? Although prenuptial agreements are increasingly becoming a standard practice, they are still perceived by some as an unwelcome necessity. This article discusses the differences between a collaborative prenuptial and a traditional prenuptial agreement. In particular, it highlights a Spanishspeaking couple’s decision to engage in the collaborative law process in their native language as they prepare for their “happily ever after” together.
HCP is a nationwide collaborative practice group based in Miami-Dade County, Florida, that provides legal services throughout the State of Florida and beyond in the areas of family law, estate planning, and is evolving into other areas of law.2 What sets HCP apart is its unique team of bilingual professionals who are completely fluent in both Spanish and English, proficiently reading, writing, and speaking both languages. This diverse team is not only extensively trained in collaborative practices but is also passionately committed to promoting the transformative power of the collaborative law process and other alternative dispute resolution (ADR) methods. Their mission is to enhance awareness within the underserved Hispanic community and the general public, advocating for healthier, more efficient ways to resolve conflicts. HCP also supports the International Academy of Collaborative Professionals’ (IACP) vision to foster a global network of Collaborative Practice and consensual dispute resolution professionals.3
Collaborative Prenuptial or Traditional Prenuptial Agreement: What’s Different?
The collaborative prenuptial differs from the traditional prenuptial agreement primarily in its approach and intent. Pursuant to Florida Statute §61.079(3), commonly referred to as the “Uniform Premarital Agreement Act,” and it applies only to proceedings under the Florida Family Law Rules of Procedure states, “A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.”4
A prenuptial agreement, also known as a premarital agreement or a “prenup,” is a contract between two people that are planning to get married. The purpose of the documents is to predetermine the rights and responsibilities of both parties in the event of a divorce or death while the parties remain married. Unless a couple decides to get a divorce, the prenup is not triggered. The ultimate goal of this agreement is to ease the dissolution of the marriage process and end the relationship on the best terms possible.
Collaborative Prenuptial
In the collaborative prenuptial process, couples come together with their respective collaborative lawyers and may also include a neutral facilitator, financial advisor, affiliate/allied professional, and a note-taker, to craft an agreement aligned with their shared goals and interests. This process emphasizes open communication and transparency, striving to achieve a fair and equitable agreement that benefits both partners. The tone and intent are pivotal in nurturing trust and establishing a cooperative foundation for the marriage. The agreement should be framed as a partnership tool, aimed to plan for the future while constructively and positively addressing any potential concerns.
Traditional Prenuptial Agreement
In the traditional prenuptial agreement process, one party typically begins by consulting with their attorney to create an initial draft of the document. This draft is then presented to the other party, who reviews it with their own legal counsel. This method can sometimes feel confrontational, as it often involves a series of negotiations where each individual is primarily focused on safeguarding their personal interests. Although the traditional approach effectively protects individual assets and clearly outlines financial arrangements, it can sometimes come across as more transactional, with a strong emphasis on securing one’s financial security in the event of a divorce.
Getting Started Collaboratively
The collaborative prenuptial process, also called life planning, blossoms when couples are clear on what’s important to them before getting married. It involves moving from the “romantic” stage of a relationship to the “reality” stage. During this time, partners set themselves up for future success. Professionals guide and educate the couple to create a fair and reasonable collaborative prenuptial agreement.
Pursuant to the Florida Collaborative Law Process Act, §§ 61.55-61.58, Florida Statutes, the collaborative process officially commences when the parties sign the collaborative law participation agreement.5 This critical step fulfills the statutory requirement and allows the couple to move forward with the process.
In a collaborative prenuptial case involving a Spanish-speaking couple, the team included several professionals. Betsy Vázquez, Esquire, a collaborative lawyer6, represented one spouse, while M. Cristina Morales, Esquire7, also a collaborative lawyer, represented the other spouse. Additionally, Tania Ortega8, participated as a realtor affiliate professional, and Claudia L. Pernudi, Esq.9, assumed the role of note taker.
Each lawyer conducted individual meetings with their respective clients to gain a thorough understanding of their unique needs, interests, goals, and concerns. The lawyers also met separately, without the clients, to exchange information, ensuring that the participants had realistic expectations. These insights were later addressed during joint team meetings. The realtor affiliate professional addressed the couple’s concerns related to property assets. Meanwhile, the note taker listened attentively and meticulously documented the discussions, ensuring that the minutes from the team meetings were prepared promptly in both Spanish and English. Throughout the process, there were preliminary discussions and comprehensive debriefing sessions by the team. The collaborative process culminated in the creation of a collaborative prenuptial agreement that was expertly drafted, accurately translated in Spanish, and finalized with a formal signing ceremony.
Betsy Vázquez, Esq. commented, “The process from start to end was seamless because everyone was prepared, on point, and on the same page.” The team worked together effortlessly to support the couple, ensuring every need was met throughout the process. To facilitate a smooth experience for the clients, documents such as the participation agreement, meeting agendas, minutes, and agreements were drafted in English and Spanish. Attorney Morales added, “Hispanics might find it hard to understand prenuptial agreements because they aren’t common in their culture. It’s important to have a lawyer who speaks their language and understands them, so they can express any concerns. This ensures both parties know and agree to what they are signing without any doubts.”
Five C’s: Collaborative Prenuptial in Spanish
C – Consultation – Initiating the process with a consultation in Spanish fosters a deeper connection with clients. Offering intake forms and essential documents in Spanish further enhances understanding and sets clear expectations.
C – Communication – Effective communication is key. By facilitating interactions in Spanish – whether through emails, text messages, phone calls, Zoom meetings, or WhatsApp – clients and team members can ensure a successful process.
C – Collaborative Team Meetings – Conducting team meetings in Spanish encourages open discussion and negotiation by removing language barriers. This method builds trust and comfort, making the entire process smoother for clients who might struggle with English.
C – Collaborative Prenuptial Agreement – The prenuptial agreement is drafted in English, with a Spanish version available. Presenting both versions during the signing ceremony is considered best practice, ensuring clarity and mutual understanding.
C – Cost-Savings – By eliminating the need for an interpreter or translator, clients enjoy cost savings, resulting in satisfied and happy clients.
Collaborative and Beyond
As the collaborative law process continues to gain momentum, its benefits are likely to extend into a variety of different situations, such as:
- Transitioning from single to married: Helping couples work together to solve problems for an easier start to married life.
- Planning for a second marriage: Guiding couples through the complexities of entering a second marriage with transparency and mutual understanding.
- Couples with children: Supporting families in creating harmonious environments that prioritize the well-being of children.
- Blended families: Assisting in the integration of families, ensuring that each member feels valued and understood.
- From married to empty nesters: Helping couples redefine their relationship as they adjust to life without children at home.
- Care for an aging parent: Facilitating discussions and decisions around the care and support of elderly family members.
- Death of a loved one: Providing a structured approach to dealing with the emotional and practical aspects of loss.
- Infertility: Offering support and guidance through the emotional challenges associated with infertility.
- Pregnancy: Assisting expectant parents in preparing for the changes a new baby will bring to their lives.
- Affairs: Providing for a safe space for couples to address infidelity and work towards resolution or rebuilding trust.
- Adult children leaving or returning home: Helping families adapt to changes in living arrangements that can affect household dynamics.
- Career/working to retirement: Providing support and resources for individuals as they approach the end of their professional careers and prepare for the next chapter in their lives.
- End of career or loss of a job: Assisting individuals in coping with the emotional and financial challenges that accompany the conclusion of a career or unexpected job loss, and helping them explore new opportunities.
In summary, a collaborative prenuptial agreement serves as a cornerstone for building a thriving and enduring marital partnership. While we, as legal advisors, may not possess a crystal ball to predict the future with absolute certainty, we certainly have the ability to empower our clients towards their “happily ever after.”
Author: “I wholeheartedly believe in the collaborative prenuptial process as the prevailing alternative dispute resolution (ADR) choice for couples seeking the protections that a premarital agreement can offer. Whether the journey leads to a lifelong partnership until death do they part or ends in separation, this thoughtful process in Spanish or in English ensures that both parties are protected and their intentions are respected.”
Betsy Vazquez, Esq. is a bilingual (Spanish and English) Collaborative Family Law Attorney, Personal Family Lawyer®, Florida Supreme Court Certified Family Mediator (2010), the Founder and President of A group of people standing together, circles, logo, QR code the Hispano Collaborative Professionals (HCP) practice group, Vázquez Law, PLLC law firm, and Mediate4Peace, LLC mediation practice in Doral (Miami-Dade County), Florida. She works with clients throughout the state of Florida with divorce, estate planning before, during, and after divorce, premarital and post-nuptial agreements, parenting plans, and other matters impacting families. Ms. Vázquez also practices Elder Law, is a Qualified Parenting Coordinator, Florida Supreme Court Certified County Mediator, and is a member of the International Academy of Collaborative Professionals (IACP), Collaborative Family Law Institute (CFLI), and Florida Academy of Collaborative Professionals (FACP).
1 Collaborative Divorce: Hispano Collaborative Professionals (HCP) Paves the Way Serving Hispanics
2 See hispanocollaborativepros.com
3 International Academy of Collaborative Professionals
4 Florida Statute §61.079(3)
5 Florida Law Process Act, §§61.55 – 61.58, Florida Statutes
6 Betsy Vázquez, Esq., Vázquez Law, PLLC, Doral (MiamiDade County), Florida
7 M. Cristina Morales, Esq., Gedeon & Morales Law Group, PLLC, Hollywood, Florida
8 Tania Ortega, Realtor Affiliate, Global Vanguard International, Miami, Florida
9 Claudia L. Pernudi, Esq., Pernudi Law, Coral Gables, Florida