For one reason or another, some individuals remain unrelentingly optimistic about the future, even after difficult experiences. While this is an admirable trait, it is one that must be tempered by wisdom. If you are entering into a second (or third, or fourth) marriage, and especially if you have children, it is absolutely vital that you consider creating a prenuptial agreement.
A prenuptial agreement is not just about keeping your new spouse away from your assets. It is also a welcome signal from you to your children that they are valuable to you and that your love for them is not subject to the success or failure of this new relationship.
Let’s assume that you have several children from one marriage, and are now remarrying. Even if you never divorce your new spouse, you may pass away before he or she does. If this happens and there is no documentation that predetermines how your assets will be distributed, your final gift to the ones you love could be a protracted battle over who deserves your estate and how much of it.
Many parents who are just glad to be in a relationship that is happy and fulfilling accidentally create the opportunity for conflict because they create a prenuptial agreement that puts their children first rather than their new relationship. It should go without saying that most parents would not willingly choose to create conflict between their new spouse and the children they love.
If you are ready to create a prenuptial agreement for your family’s needs, it is wise to enlist the help of an experienced attorney. With proper legal counsel, you can craft a plan that honors both your new relationship and the cherished relationships with your children, protecting everyone from necessary grief.
Source: CNBC, “Remarrying? Shower kids with love, and a good prenup,” Constance Gustke, accessed Jan. 05, 2017