Can a Prenuptial Agreement Help You Avoid Repeating the Mistakes of Your First Marriage?
The statistic that says that 50 percent of all marriages end in divorce does not tell the whole story. If it is your first marriage, then the chances of divorce are less than 50 percent. If you were previously married to someone else, though, the chances are greater than 50 percent that your current marriage will end in divorce. Unsurprisingly, a lot of divorced people hesitate to remarry. Some of them spend the rest of their lives happily single, or else grumpy and lonely but not trusting anyone enough to form a close relationship with them. Others find a partner but decide to be each other’s companion in life while maintaining their respective households. This way they can enjoy their friendship and romance without constant conflict over household chores, finances, and stepchild or ex-spouse drama. And then there are the romantics and the pious believers that believe that marriage is the natural and appropriate consequence of true love, but they still want to steer clear of the mistakes that caused their previous marriage to end in divorce. For help drafting a prenuptial agreement that will make your second marriage run more smoothly than your first, contact a Boca Raton prenuptial and postnuptial agreement lawyer.
What a Prenuptial Agreement Can Do
The older you are when you get married, the more likely you are to own separate property. Separate property can become at least partially marital if you share it with your spouse after you get married. For example, if you have owned your house since before you met your spouse, but your spouse moved in when you got married, part of the value of the house is marital property. It is almost impossible that the court will award your house to your spouse if you get divorced, but you will have to pay to compensate your spouse for his or her share.
A prenup can indicate that your spouse has no claim to the value of your house, even if she lives in it with you for 20 years and then divorces you. It might also say that, in the event of a divorce, you will pay her X amount of money as a settlement, but not more.
Remember that probate courts interpret prenups as often as divorce courts do. Your prenup can specify what each spouse can and cannot inherit from the other. This can prevent conflict with stepchildren during probate.
What a Prenuptial Agreement Cannot Do
If your first marriage ended with an epic battle over parenting time and child support, and you are still young enough to have more children with your new spouse, you might want to prenup your way out of co-parenting drama, but this is not possible. Provisions about children, parenting time, and child support are not legally enforceable. If you and your new spouse have children together and then divorce when they are minors, you must go through the same parenting plan process you did with your first spouse, except with more wisdom and a better lawyer.
Contact Schwartz | White About Starting Your Second Marriage Off Strong
A South Florida family law attorney can help you draft a prenuptial agreement that will help you keep the peace in your second marriage. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
msn.com/en-us/lifestyle/marriage/once-bitten-14-reasons-why-some-divorced-individuals-choose-never-to-remarry/ar-AA1FDxhB?ocid=msedgntp&pc=ACTS&cvid=ac0165cdaf7f406e8f0d1a2a4780a161&ei=17
