Lazenby Law Firm LLC
For an Initial Consultation: CALL
Call 864-707-0201
View Our Practice Areas

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.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Schedule A Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Lazenby Law Firm

Firm Location:

175 Magnolia St Suite 101
Spartanburg, SC 29306

Phone: 864-707-0201
Spartanburg Law Office Map

Firm Numbers: