Pre-Planning Before a Second Marriage in Carlsbad

Pierre Domercq Prenuptial Agreement

Remarriage and blended families is a new reality here in Carlsbad and across the nation. What do you need to know prior to entering into a new marriage? Why is a prenuptial agreement a positive and constructive step and not a set-up to future divorce?
Most people clearly understand the aspects of love, trust and fidelity associated with marriage. What you also need to understand is marriage is a contract between you and your spouse. Each party owes their partner a “fiduciary duty” to act in the other’s best interest (as if acting for one’s self) in an atmosphere of absolute transparency, honesty and candid communication.
Pre-planning before remarriage can be a joint experience that generates positive experiences while opening candid conversations about money and assets. The experience can actually strengthen the bond between the spouses-to-be while setting a strong course for the future.
In a first marriage it may be natural to blend everything, financial accounts, investments and assets. As you contemplate a subsequent marriage give some consideration to the retirement accounts, real estate, investments and savings you have developed along the way. This will also protect you from anything in your future spouse’s past, and potential credit issues. Co-owned assets can be attached by a spouse’s creditor.
Do you have children from your previous marriage? Is it important to you to set aside money or assets specifically for their college or inheritance? How will you provide for them and what happens in the event of your unexpected passing?
A prenuptial agreement is not a divorce plan. Quite the contrary, it is a recipe to strengthen the bonds you have with your future spouse and to help to cement an open, candid, transparent atmosphere surrounding one of the greatest challenges in many marriages: money.
If you are interested in a prenuptial agreement, we invite you to contact our experienced family law attorneys or call 760-434-3330 to schedule an appointment with one of our attorneys.