Not every family agreement happens in the middle of a divorce. Many couples want to formalize how they will handle money, property, or future decisions, whether before marriage, during marriage, or while separated but not yet divorcing. Some couples need to update an existing parenting plan or marital settlement years after the original judgment. Others are not married at all and want a clear cohabitation agreement.
Mediation is well-suited to all of these. The format is the same as divorce mediation: a neutral mediator helps both parties think through the issues, surface the questions a court would ask, and draft an agreement both can sign. The American Bar Association has called mediation “the default approach for family dispute resolution”. It is also the default approach for designing family agreements before any dispute exists.
Charles Geller has been a Florida Supreme Court Certified Mediator for 20 years, with certifications in Family, Civil, and Appellate Mediation. He has led more than 2,500 mediations across Florida and helps families reach agreement on matters that would otherwise have required litigation. Most sessions run by Zoom so you can join from home; Florida’s Supreme Court supports virtual mediation under current state guidelines, and Charles serves clients in all 67 Florida counties this way. In-person sessions at the Orlando office are available for those who prefer that format.
What family agreements can mediation produce?
Mediation works across the family-agreement spectrum. The most common categories at ADR Mediation Center:
- Prenuptial agreements. entered before marriage, governing what happens to assets and debts if the marriage ends in divorce or by death
- Postnuptial agreements. entered after marriage is already underway, addressing similar issues
- Separation agreements. used by couples who are physically or legally separated but not yet ready (or not planning) to divorce
- Cohabitation agreements. for couples living together without being married, addressing finances, property, and contingencies
- Modifications of existing parenting plans. updating a previously entered parenting plan to reflect new circumstances
- Modifications of existing Marital Settlement Agreements. updating financial terms (alimony, child support) when circumstances have substantially changed
Each agreement has specific Florida-law requirements for enforceability. Mediation produces the substantive agreement; depending on the type, additional formalities (notarization, witnesses, separate counsel review) may be needed before the agreement is final.
How does mediation produce a prenuptial agreement?
A Florida prenuptial agreement is governed by the Florida Uniform Premarital Agreement Act (Fla. Stat. §§ 61.079). The statute sets the formal requirements: the agreement must be in writing and signed by both parties; it becomes effective on marriage; and it is enforceable without consideration. The statute also names what a prenup can cover: rights and obligations regarding property, modification or elimination of alimony, making of a will, ownership of life insurance, choice of law, and any other matter not in violation of public policy.
Prenup mediation works best as a several-week process rather than a single session. The typical sequence:
- First mediation session. Both spouses-to-be meet with Charles to discuss what each wants the agreement to address. Charles surfaces the questions Florida law requires: full disclosure of assets and liabilities, specific provisions on each topic the agreement will cover, choice of law.
- Disclosure preparation. Each party prepares a complete financial disclosure covering assets, debts, income, and anticipated inheritances. Florida courts have invalidated prenups where one party did not have a fair and reasonable understanding of the other’s finances.
- Drafting. Charles drafts the agreement reflecting the decisions made in mediation.
- Independent counsel review. Each party is strongly encouraged to have the draft reviewed by an attorney who represents only them (not a mediator). Independent counsel is not strictly required for enforceability under the Florida statute, but courts give more deference to prenups where both parties had their own attorneys.
- Signing. The agreement is signed and dated, ideally well before the wedding (last-minute signing can support a coercion challenge later).
Mediation produces a prenup both parties helped design. The American Bar Association recommends a collaborative approach to prenuptial agreements for exactly this reason: prenups that one party feels was imposed by the other are more likely to be challenged later. Mediated prenups produce shared ownership of the document.
What is a postnuptial agreement, and how does it differ from a prenup?
A postnuptial agreement covers similar ground to a prenup, but it is entered after the marriage has already begun. Florida does not have a specific postnup statute the way it has the Premarital Agreement Act for prenups. Postnups are governed by general contract law and the case law that has developed around marital agreements. The enforceability standards are similar: writing, voluntary signing, fair disclosure of assets and debts, no fraud or duress.
Postnups are used for several common reasons:
- A spouse received a substantial inheritance and wants to clarify how it would be treated in a divorce
- One spouse started or acquired a business during the marriage that the other has not been involved in
- The couple is reconciling after a period of difficulty and wants to formalize financial terms
- The couple wants to convert what would otherwise be marital property into non-marital property, or vice versa
- Estate planning purposes (postnups sometimes complement wills and trusts)
A postnup does not signal divorce. Some couples enter postnups as part of building long-term financial clarity in the marriage. Mediation gives both spouses the room to design the agreement together rather than having one spouse’s attorney draft it for the other to sign.
What is a separation agreement, and is “legal separation” a thing in Florida?
Florida is unusual among states in that it does not have a formal “legal separation” status. There is no specific Florida statute that says “you are legally separated as of this date.” Couples who want to live apart without divorcing have two options:
- A written separation agreement. This is a private contract between the spouses addressing the same issues a Marital Settlement Agreement would cover: financial support, parenting time, asset division during the separation, and debt allocation. It does not change marital status; the couple is still married for all legal purposes. The agreement is enforceable as a contract.
- A petition for support unconnected with dissolution under Fla. Stat. § 61.09. This is a separate Florida proceeding where one spouse seeks court-ordered support without seeking a divorce. The court can order alimony and child support while the parties remain married.
Mediation works for option 1, the written separation agreement. Couples use these when one or both want to live separately but are not ready to divorce: religious reasons, immigration considerations, health insurance continuity, a defined trial separation, or simply needing time before making a final decision.
The agreement does not need to address every issue a divorce would address. It can be limited to financial arrangements during the separation. Or it can be comprehensive, anticipating what would happen if the separation later becomes a divorce. In the latter case, the agreement may serve as a draft of the Marital Settlement Agreement that would later be filed in dissolution.
What is a cohabitation agreement, and who needs one?
Couples who live together without being married (sometimes called “domestic partners,” though Florida does not have a formal domestic partnership status statewide) have fewer default legal protections than married couples. Florida is not a common-law marriage state for marriages entered into after 1968. Two people can live together for 30 years and never accrue marital rights to each other’s property.
A cohabitation agreement is a written contract addressing:
- How shared expenses are handled (rent, utilities, groceries)
- Ownership of jointly used property (furniture, vehicles, real estate)
- What happens to jointly titled assets if the relationship ends
- Financial support during the relationship and after
- Powers of attorney and health care directives (important for unmarried partners who would not have automatic decision-making authority for each other)
Cohabitation agreements are particularly important for unmarried couples who buy real estate together, share a business, or have children together (though parenting arrangements for unmarried parents are typically addressed through paternity actions rather than cohabitation agreements). Same-sex couples who chose not to marry but built a life together also commonly use these.
Mediation produces cohabitation agreements with the same process as marital agreements: both partners meet with Charles, work through the issues, and sign a written document that reflects what they decided together.
How do modifications to existing agreements work?
Many of the families who return to ADR Mediation Center years after their original mediation come back for a modification. Three common scenarios:
Parenting plan modifications. Under Florida law, a parenting plan modification requires a showing of a “substantial, material, and unanticipated change in circumstances” and that the modification is in the child’s best interest. The most common modification triggers: a parent’s relocation, a significant change in either parent’s work schedule, a child entering middle or high school with new logistical needs, a documented change in the child’s needs, or a documented change in either parent’s ability to comply with the plan. Mediation produces a stipulated modification that both parents sign and file with the court for approval.
Child support modifications. Child support can be modified under Fla. Stat. § 61.30(1)(b) when there is a substantial change in circumstances, typically a 15% or $50/month difference in the guideline calculation. Modifications can be initiated by either parent and run prospectively from the date of filing (not retroactively). Mediation produces a stipulated modification reflecting the new income or time-sharing facts.
Alimony modifications. Alimony modifications depend on the type of alimony awarded. Permanent alimony was eliminated by Florida’s 2023 reform (CS/SB 1416) for new awards; existing permanent alimony awards remain subject to modification under prior law. Durational, rehabilitative, and bridge-the-gap alimony each have their own modification standards. Mediation can produce a stipulated alimony modification, subject to court approval.
The advantage of mediating a modification rather than litigating it is the same as mediating the original agreement: faster, less expensive, less adversarial. Many of the cooperative coparenting relationships that mediated divorces produce stay cooperative through modification cycles. Cooperative coparents show the best well-being for themselves and the lowest rates of behavioral and emotional problems for their children (Lamela et al., 2016).
Why Charles Geller for your family agreement?
The credential stack that matters for divorce also matters here. Charles is a Florida Supreme Court Certified Mediator in Family, Civil, and Appellate Mediation, one of a small number of Florida mediators certified in all three areas. Family agreements pull on each of those skill sets: family law sets the substantive framework, civil mediation skills handle the negotiation of economic terms, and the appellate-mediator perspective helps both parties think about how the agreement would hold up under future scrutiny.
Charles has been a licensed Florida clinical therapist since 2004, with more than 30 years of clinical practice. For family agreements that involve potentially difficult conversations between people who care about each other (prenups, postnups, separation agreements), the clinical training shapes how the conversation gets handled. The goal of these mediations is not just a signed document. It is a signed document neither party feels coerced into, with both parties walking away with the relationship intact.
Mediation is billed by the hour, with a separate flat fee for document preparation. A typical 2-hour family-agreement case starts at about $2,600 all in. Complex prenups, postnups, or multi-session matters cost more, because Charles charges only for the session time the case actually takes.
Frequently asked questions
What is a postnuptial agreement?
A postnuptial agreement is a written contract between spouses entered after the marriage has begun. It addresses how property, debts, and financial matters would be handled if the marriage ends in divorce or by death. Postnups can clarify treatment of an inheritance one spouse received, structure ownership of a business one spouse started during the marriage, or formalize financial terms after a period of marital difficulty. Florida does not have a specific postnup statute; postnups are governed by general contract law.
How is a postnup different from a prenup?
A prenup is entered before marriage; a postnup is entered after marriage has begun. The substantive coverage is similar — both can address property, alimony, will-making, and life insurance. The legal frameworks differ: prenups are governed by the Florida Uniform Premarital Agreement Act (Fla. Stat. § 61.079), while postnups are governed by general contract law and Florida case law. Enforceability standards are similar: writing, voluntariness, fair disclosure, no fraud or duress.
Can we modify an existing parenting plan or marital settlement agreement?
Yes. Parenting plans can be modified by agreement of the parents or by court order, on a showing of a “substantial, material, and unanticipated change in circumstances” and that the modification is in the child’s best interest. Child support modifications require a substantial change in circumstances, typically a 15% or $50/month difference in the guideline calculation. Alimony modification standards depend on the type of alimony originally awarded. Mediation produces stipulated modifications that both parties sign and file with the court for approval.
What about non-married couples: can mediation help?
Yes. Cohabitation agreements are written contracts between unmarried partners addressing shared expenses, jointly used property, what happens to joint assets if the relationship ends, financial support, and powers of attorney and health care directives. Cohabitation agreements are particularly important for unmarried couples who buy real estate together, share a business, or want to formalize how their finances are handled. Florida does not recognize common-law marriages entered after 1968, so unmarried couples have fewer default legal protections than married couples.
Does Florida have legal separation?
Florida does not have a formal “legal separation” status. Couples who want to live apart without divorcing have two options: a written separation agreement (a private contract between the spouses, which does not change marital status), or a petition for support unconnected with dissolution under Fla. Stat. § 61.09 (a separate Florida proceeding where one spouse seeks court-ordered support without seeking a divorce).
Do we both need lawyers for a prenup?
Independent counsel is strongly encouraged for prenuptial agreements, though Florida’s Uniform Premarital Agreement Act does not strictly require it for enforceability. Courts give more deference to prenups where both parties had their own attorneys review the agreement before signing. In mediation, Charles drafts the agreement reflecting both parties’ decisions; each party can then have their own attorney review the draft before final signing.
When should we sign a prenup before the wedding?
Well in advance, ideally several weeks or months before the wedding. Last-minute signing (a few days before, or on the eve of the wedding) can support a later argument that the agreement was signed under duress. Florida courts have invalidated prenups where the circumstances of signing were rushed or coercive. Building in time for both parties to review with independent counsel, ask questions, and consider revisions strengthens enforceability.
Can a prenup or postnup address alimony?
Yes. Florida’s Uniform Premarital Agreement Act (Fla. Stat. § 61.079) explicitly permits prenups to address “modification or elimination of spousal support.” Postnups can address alimony as well. There are limits: a prenup cannot waive child support (child support belongs to the child, not the parent receiving it). Other limits exist around public policy. A Florida court will not enforce a prenup that would leave one spouse a public charge.
What happens if we sign a prenup and the marriage produces children?
A prenup can address property and alimony, but it cannot decide custody, time-sharing, or child support in advance. Child-related issues are always determined at the time of the divorce based on the best interest of the child at that time. A prenup that purports to dictate custody outcomes will not be enforced on those points; the rest of the agreement (property, alimony) can still be valid.
How long does a family-agreement mediation take?
For modifications to existing agreements where both parties agree on the basics, a single 2-4 hour session is often enough. For prenuptial agreements, the process typically spans several weeks: a first session for issue identification, then disclosure preparation, then drafting, then independent counsel review, then signing. Postnuptial agreements and complex separation agreements often follow a similar multi-step pattern. Cohabitation agreements vary; simple ones can be a single session, more complex ones may need follow-up.
What does a family-agreement mediation cost?
Mediation is billed hourly, with a separate flat fee for document preparation. A typical 2-hour family-agreement case starts at about $2,600 all in. Complex prenups or postnups requiring multiple sessions and drafting cycles cost more. The free 30-minute initial consultation by Zoom does not bill against this. See the Pricing page for the full breakdown.
Is what we discuss in the mediation confidential?
Yes. Florida’s Mediation Confidentiality and Privilege Act (Fla. Stat. § 44.405) applies to family-agreement mediations the same way it applies to divorce mediations. Communications during the mediation are confidential and privileged. What you say in the room cannot be used against you in court if the mediation does not produce an agreement. The final signed agreement is whatever both parties decided to sign.
Related services
- Divorce Mediation. full divorce mediation process in Florida
- Parenting Plans. Florida parenting plans, time-sharing, and child support
- Asset Division. equitable distribution under Fla. Stat. § 61.075
- How It Works. the step-by-step process
- Pricing. full pricing breakdown
Family agreements are easier to build together than to litigate apart. Book a free 30-minute Zoom consultation to talk through your situation.