Why Is It Essential to Have a Prenup If You're Getting Remarried?

When marrying couples think about prenups, they often discuss getting them as a way to protect themselves if they end up divorcing down the road. Many times couples don't think of them as useful if they predecease their second spouse and have kids from their first marriage. While a prenup doesn't replace a will, it can provide remarrying couples as a way to protect themselves in both an instance of divorce or death.

Proponents of prenups argue that they're valuable because largely because of how all-encompassing they can be written to be. Whatever assets a spouse is looking to earmark for others aside from their spouse can be included in it. This includes the family business, art collection, the vacation home, jewelry and cash. Unless a prenup is in place, then it opens up the door for an ex or widow to lay claim to these different assets.

One of the more common pitfalls divorcing or widowed spouses encounter with prenups, though, is when they're not drafted in an airtight fashion.

It's often those assets that a spouse fails to include in the prenup that can become long fought over items in contentious court battles. This is why, in addition to having an all-inclusive prenup written, an attorney about documenting your sole ownership rights to that property.

Individuals who seek out prenups often fail to list all important assets that they wish to protect or later find out that it was unenforceable because it was gotten with too short of a waiting period before the marriage occurred. While postnups are an option in situations such as this, they're not held in the same esteem as prenups in the eyes of most judges.

If you are considering having a prenuptial agreement drafted before you walk down the aisle, then a Naples prenup and postnup attorney can advise you of the benefits of having one drawn up in your respective case.

Source: CNBC, "Remarrying? Shower kids with love, and a good prenup," Constance Gutske, accessed Dec. 01, 2017