Rubinstein & Holz | Family Law Attorneys

Protecting children with a prenuptial agreement

When a person with children chooses to remarry or marry for the first time, it is important to consider the legal tools available to protect these children from future threats to their safety and security. One of the best tools available to parents who intend to marry is a prenuptial agreement that establishes boundaries around certain property and protects the interests of the children coming into the marriage.

In very simple terms, most concerns for existing children entering into marriages is that the new spouse of the children's parent may take property or assets intended for the children. In some cases, it is sufficient to alter a will to make one's wishes clear. However, for those who want to make sure that a new marriage does not complicate the rights and benefits of existing children, a prenuptial agreement is particularly useful.

With a prenuptial agreement, each spouse can clearly outline property division in the event of divorce or death, and ensure that any children born outside of the marriage receive proper protection and consideration. This might be as simple as naming certain assets intended to go to certain children, or defining very clearly which assets a new spouse may access, leaving the rest to the existing children.

Marriage in any context is difficult and faces a number of pressures. If you anticipate marriage and want to make sure your children remain protected as your life changes course, it is wise to consider using a prenuptial agreement before it is too late. If you have any questions about the limitations of these agreements or how to create one, an experienced attorney can help you explore your legal options and create an agreement that truly represents your wishes and legacy.

Source: FindLaw, "Pros and Cons: Premarital Agreements ("Prenuptials")," accessed Jan. 26, 2018

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Rubinstein & Holz | Family Law Attorneys

Rubinstein & Holz
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Fort Myers, Florida 33901

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