Many clients are remarrying after divorce or loss of a loved one. With the increase in the number of remarriages, prenuptial agreements have moved from taboo to a critical estate planning tool.

If you are thinking of remarrying, remember thaat without a prenuptial agreement, your new spouse may have a claim to 50% of any property you “earn” together during your marriage, and will have a right to stay in your joint homestead for the remainder of his or her life, regardless of what your other estate planning said. If you have children from a previous marriage who you want to be cared for, then prior planning is of utmost importance.

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If you are considering remarriage, it is important for you and your betrothed to discuss the options to ensure your property goes how you wish. The goal of memories of a remarriage should allow the families to focus on the happiness you brought each other, not to foster hatred among the survivors because an inheritance was unjustly taken.