Family Law Blog
On behalf of Law Offices of Barry I. Finkel, P.A. posted in High Asset Divorce on Friday, August 12, 2016.
If you've been married once and been through a divorce, you might not be keen on going through it again without a prenuptial agreement. Should the fact that you want a prenuptial agreement be a deal breaker to your significant other? It shouldn't, and there are a few reasons why.
First, when you're older and getting married, you usually have more assets than when you were young. That means you might have a home or vehicles, 401(K) accounts or retirement funds. Protecting these assets isn't a sign that you don't trust someone else, but it does help you know that should anything happen, they're going to stay in your possession.
You might also have children from your first marriage, which is another concern that your prenuptial agreement could discuss. What happens if someone passes away? Who takes care of the child? What happens with benefits or assets in that case?
If you're coming into a marriage with assets, seeking a prenuptial agreement isn't a bad idea. The assets you bring into your marriage can be kept separate, and those you accumulate together can then be split if you later decide to divorce.
You can't make your to-be spouse sign a prenuptial agreement, but if it's something you might be considering, then it's worth talking about with an attorney present. There are benefits to having a prenuptial agreement that help both parties, so it doesn't have to be a one-sided arrangement.
If you're looking to sign a prenuptial agreement or want to enforce one in a divorce, you can find more information on how to do so on our website.
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