Creating a Prenuptial Agreement for the Second Time Around

Perhaps you married in haste the first time or just grew apart over the years. The divorce was complicated, and you wish there had been a prenuptial agreement in place. Still, you moved forward with your life and are about to marry again. This time, however, you want a prenup. Happily, your soon-to-be-spouse is on board with this plan.

Agreeing to agree

Known in California as a premarital agreement, a prenuptial agreement is signed by an engaged couple prior to their wedding. It is governed by the state’s Uniform Premarital Agreement Act and becomes effective upon marriage. The prenup allows the couple to work out their marital arrangements with the help of their respective attorneys. Each must disclose any and all information that would affect the decision of the other party to join in signing the prenup.

Protecting your children

Many couples who marry again have children from a first marriage, as you might. A major reason for creating a prenup the second time around is to ensure that your children are cared for and that their inheritance is protected in the event of your death.

Reassuring your business partners

If you are a business owner, your prenup can also offer protection for your partners. For example, by the terms of the prenup, the person you are about to marry and the person you married the first time around can be prevented from claiming portions of your estate when you pass away, including any part of your business.

Following the law

By obtaining legal assistance in preparing your prenuptial agreement and by following the state law, the document will be almost unbreakable. You and your soon-to-be-spouse must fully understand the contents of the agreement and what you are getting into when you affix your signatures. You would prefer not to think about ending your marriage before it has even begun, but once your prenup is in place, you can enter your second marriage with confidence and peace of mind.