The Woods-Nordegren case has been made even more difficult because of the sensational nature of Woods’ numerous affairs.

But those things that made his case sensational also highlight the steps often needed to reconcile. For her part, Elin hired a high-power family law attorney – if only to prove the seriousness of her intentions or improve her negotiation position. To the outside observer, this move may have revealed the seriousness of her intentions – and scared him straight.

While statistics are hard to come by, reconciliation – even after one party cheats on the other, or one moves out of the residence – is not uncommon. But it often starts with an overture of remorse or corrective action. In Woods’ case, he apparently acknowledged to his wife the error of his ways, and sought counseling for his “addiction.”

Moreover, one detail the public may never know is whether reconciliation in the Woods-Nordegren case was tied to modification of the couple’s prenuptial agreement. Nordegren’s hiring of a powerful divorce attorney may have been an effort to get the prenup changed to her benefit.

In Florida, divorce court is set up to encourage reconciliation. Even if one party files for divorce, the courts can abate the action for 90 days while the parties attend marital counseling in the hopes of reconciling. Some judges will order the counseling with the abatement; others simply will give the parties 90 days before moving the case along to resolution.

Also, if one party hires and attorney and pays a retainer, that money stays “on account” and the party has counsel of record. If in a year resolution is deemed impossible and things just don’t work out, that party already has counsel and will not have to pay again until the initial retainer is used up.

Woods’ situation also highlights the role of counseling programs in the reconciliation process. From drug or alcohol counseling to anger management, marital, gambling or sexual counseling, to parenting courses and other intervention, these programs often are attended by one or both parties attempting to get back on track.

Separation is not the acknowledgement of a fait accompli. Think of it as a “cooling off” period needed for both parties to consider or reconsider their positions without the volatility or pressure of the other as a constant reminder or aggravating presence. It gives both a chance to emotionally calm down, seek guidance or counseling, forgive the other – or decide whether reconciliation is the next step in the couple’s path.

Simply put: Under Florida law, which by virtue of their primary residence in the state is the laws under which the pre-nuptial agreement and any divorce likely will be applied, this could be relatively cut-and-dry, and quick to closure. Why?

Regardless of the outcome, this case brings the importance of a well-crafted pre-nuptial agreement front and center. Pre-nuptial agreements can protect the assets and rights of both parties in a marriage.

Challenging the pre-nup in Florida requires 1. There not to have been adequate financial disclosure, or, 2. Ms. Nordegren to have signed the agreement under duress. It’s not likely that the pre-nup was presented to Ms. Nordegren within days of their October 2004 wedding. Additionally, whomever Mr. Woods engaged as counsel to draft the agreement certainly would have provided sufficient disclosure to ensure the agreement couldn’t be nullified on such grounds.

Since there has been no discussion of a challenge to the pre-nuptial agreement, some have surmised that it is not in dispute.

Given that Ms. Nordegren apparently has pursued the counsel of Los Angeles divorce lawyer Sorrell Trope, it’s not likely Mr. Trope would challenge the pre-nup in California court – assuming the Golden State was found to have jurisdiction. History and precedence has shown that California courts strongly uphold existing pre-nuptial agreements.

Still, should divorce be pursued, whether any settlement meets the terms of the pre-nup is questionable. To forestall any chance that public notoriety will cost him more than what he pays is wife, Mr. Woods may decide it’s better to pay more and get closure.

Will Mr. Woods’ philandering behavior play a role in altering the terms? It depends on the language. It’s unlikely that the attorney who wrote the pre-nup would have provided that an extra-marital affair would be grounds for contesting the terms of the agreement, which would result in a greater distribution of assets to Ms. Nordegren.

How will child support be affected by the pre-nup? Not at all. In Florida, child support, parental responsibility, and time sharing cannot be determined in a pre-nuptial agreement. Rather, at the time of the divorce, the court determines the appropriate child support figure based on a guideline formula.

Quick closure to the case – whether through the couple re-uniting or seeking divorce – likely will highlight the importance of a well-crafted pre-nuptial agreement.

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