For those who have been following our blog, you would know we have covered the pros and cons of prenuptial agreements in a previous post. Now that we have gotten that important aspect out of the way, let’s get closer to the matter and discuss more on what actually is affected by this.
To reiterate, a prenuptial agreement is a contract signed between two persons who are in the process of getting married but haven’t just yet. This is used to determine how any property, income, and other assets will be divided if the marriage dissolves for any reason.
Aside from that, it is also used to contemplate what will happen with the children. For more on this particular topic, here are some situations where this must be considered.
You Plan On Having Children
Even when you’re experiencing your first marriage, a prenuptial agreement can really help you. As we previously mentioned, this contract is designed to protect the property and assets of each spouse if a marriage fails. Beyond that, if you plan on having children, you can include in the contract clauses that cover child support, education, medical insurance, and other crucial matters.
You Already Have Children from a Prior Relationship
For those who are going through a second marriage and happen to have children from a prior relationship, a prenuptial agreement will make sure your children will inherit all or a portion of your assets.
In many states, there is actually a law that prevents someone from ignoring their spouse in a will. This means your spouse may be entitled to the assets that were primarily meant for your children. However, with a prenuptial agreement, you can avoid this matter entirely.
Your Former Spouse is Getting Married to Someone Else
This can be a bit of an uncomfortable situation, but not an uncommon one to thi nk about. If you had a child through a previous marriage but are now divorced, and find out your ex-spouse is remarrying, you should consider the best interests of the child.
At the same time, you cannot use a prenuptial agreement to change the terms surrounding child support, custody, or visitation rights. For that, you must go through the same court where these terms were originally handled.
When you ready to draft a prenuptial agreement, you’ll find this can be immensely difficult, especially when you’re weighing a lot of different variables. This is why you should put your trust in an experienced family lawyer who can help you through the entire process and determine what provisions to include. You will also have peace of mind knowing your rights and personal interests are protected!