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Remarriage and prenuptial agreements

Even if you have never thought about signing a prenuptial agreement, it's wise to consider it now. That's because one or both spouses in a remarriage may have significant assets, business interests, or children to consider. Here are the issues that prenuptial agreements typically address:
A prenuptial agreement:
  • Details the assets and liabilities that each partner brings into the marriage.
  • Spells out a couple's agreement on the division of assets in the event of divorce.

Assets and liabilities

  • What assets are you each bringing into the marriage, and what is their value?
  • Which assets become marital property, and which ones will continue to be owned individually?
  • Will gifts and inheritances be shared or separate?
  • What liabilities do each of you have?

If you divorce

  • How will you divide assets?
  • Will either spouse receive a lump-sum settlement or alimony?

Estate planning

  • What will go to your children from previous marriages?
  • What will go to children you have together?

Special considerations

  • Will special contributions (e.g., limiting a career for the benefit of children or the other spouse) be considered?
  • What if one spouse brings more liabilities to the marriage than the other?
  • Will there be a time limit or condition (e.g., 10 years of marriage, the birth of a child) that will end the prenuptial agreement?
Writing a prenuptial agreement is not a do-it-yourself project
  • You and your future spouse should hire separate attorneys.
  • The best prenuptial agreement is one that protects the interests of both spouses without causing mistrust.