Individuals who have remarried, whether after a divorce or death, tend to have particularly complex personal financial affairs. Therefore, it is crucial for remarried individuals to have proper estate planning in place. Having an estate plan after or in contemplation of a remarriage helps avoid family conflict and can prevent assets from ending up in the wrong hands after death.

For couples planning to marry after prior marriages (particularly when there are children from a prior marriage), the first step is to evaluate whether a prenuptial agreement is advisable. For such a couple who has already tied the knot without a prenuptial agreement, a postnuptial agreement can be considered. A prenuptial agreement is a contract between two individuals before they are married that addresses their property rights upon divorce and death. If one or both of the parties has strong feelings about passing assets to objects of their bounty other than the spouse, such as children who pre-existed the marriage, and wishes to pass certain property to such children upon such party’s death, then a prenuptial (or postnuptial) agreement is key.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]