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Protecting Children With a Prenuptial Agreement

Approximately 50 percent of marriages end in divorce, but this does not signal the end of marriage completely for a person. The United States Census Bureau states that at least 17 percent of U. S. adults have remarried a second time. This is why it’s  important for those remarrying, and who have children to think of, to consider the benefits of getting a prenuptial agreement with their new spouse.

A prenuptial agreement establishes the property and financial rights of each spouse in the event of a divorce, but if there are existing children from a different relationship, a prenup can dictate if they receive property or assets as well. This is especially important if one of the partners dies. A tragedy like this has the potential to create a confusing situation if there isn’t a proper will or prenup in place. Oftentimes, conflict erupts between the children of the deceased and the new spouse and a desperate court battle will ensue in order to figure out what property belongs to who.

The issue can be even more complex when you bring real estate or other ;property to the marriage. Those assets may start out as your separate property, but things can change depending on what you do during the marriage. For example, your spouse could claim an interest based on his or her contributions during the marriage.

Even if there was a verbal agreement in place, not putting these wishes into writing can be disastrous for all parties involved. To avoid as much conflict as possible, seek the assistance of an experienced lawyer who can help write up a prenuptial agreement that will protect the interests of both spouses.

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Lazenby Law Firm

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