Prenuptial agreements are not just for first-time newlyweds. With over 50% of Americans 55 and older remarried, there is significant value to a prenuptial agreement for those tying the knot a second time, especially if the remarriage includes children from a previous relationship. While generally we think of prenuptial agreements serving as protection against the possibility of a future divorce, they can also be a critical estate planning tool.  

Traditionally, prenuptial agreements contain blanket provisions waiving the rights either party may have to the estate of the other, preserving the right to make provisions for the other spouse in a Last Will and Testament or to transfer assets at death outside of their will. A prenuptial agreement leaving all estate planning up to a subsequent will or the promise to transfer an asset outside of a will, can create a legal nightmare for a party who wants to provide for his or her new spouse and has children from a prior relationship. It may be the intention to leave certain property or assets to a spouse or to create a trust for a spouse's benefit, but if the prenuptial agreement only contains blanket waivers of estate rights and no further testamentary documents are executed, then those intentions are irrelevant. If the intention is to completely disinherit a new spouse, but the prenuptial agreement is silent on estate waivers, that intention is also rendered meaningless. The reality is what many think is sufficient language in a prenuptial agreement to protect their estate, may not be.