Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Why a second marriage might necessitate a prenuptial agreement

On Behalf of | Dec 27, 2022 | Family Law | 0 comments

It takes a lot of courage to develop a new relationship after one ends in divorce. Falling in love a second time can feel like a second chance at a happy life. It is common to get wrapped up in the excitement and for people to fail to consider the unique practical factors that come into play during the second marriage.

Blended families often require larger houses and may have very complicated schedules when both spouses in a new marital relationship have underage children from prior relationships. It is often a smart move for those considering remarriage after a divorce and who want to combine their families to draft a prenuptial agreement before legally entering that new marriage.

Why are prenuptial agreements so important for blended families?

They take the risk out of remarrying

If you have already been through a divorce once, you don’t need a professional to tell you that it is a difficult experience. Although you can’t guarantee the success of your marriage and thereby completely eliminate the risk of a divorce, you can potentially protect your entire family from a messy, litigated divorce.

Given that you are at higher risk of divorce in a second marriage than a first, planning for the possibility of divorce by negotiating property division and parenting matters ahead of time can be a very smart decision. You won’t have to worry about a devastating and expensive divorce, and you may both have an easier time maintaining your relationship because of your discussions while drafting this document.

They protect what you want your children to receive

Do you want the house that you have already fully paid off to go to your children when you die? Would you like your spouse to have the right to work at the family business but not to assume ownership over it?

When you remarry, your new spouse and your children may have somewhat conflicting interests in your property. When you take the time to address your priorities and clarify them both to your children and to your new spouse, you reduce the risk of conflict arising later, possibly after your death, because of the expectations that family members have.

Creating a prenuptial agreement can be a way for those contemplating the creation of a blended family to start their new family unit out with the best protection possible.


FindLaw Network
Photo of Kenneth L. Gibson Jr.