On behalf of Rebecca H. Fischer of Fischer & Feldman, P.A. posted in Prenuptial Agreements on Friday, August 21, 2015.
When many people think of a prenuptial agreement, they may think about celebrity couples who want to protect the millions in property and real estate that each has. This is often true when it comes to the wealthiest of couples, but for everyday people entering into their second marriage — or even their third or fourth marriages — prenuptial agreements are very important.
A prenuptial agreement, also known as a prenup, isn’t likely the most romantic thing you have discussed with your finance, but it could be one of the most important. Without this document, a divorce or death could leave any children you have from another marriage without your legacy. Some of the questions to consider as the prenup is drawn up include:
— What assets are marital property and which are separate property?
— What debts or other liabilities do you and your finance have?
— What will go to any children that you two have together?
— What will go to children from a prior marriage?
— Will alimony be paid?
— Will one spouse stay home to take care of the children?
— Does one individual have more debts than the other?
These are just a few of the questions that should be asked and answered before you sign a prenup. Remember that each of you should have your own attorney review the prenup to make sure that it will stand up in court. The best prenups are those that will keep the interests of both parties protected without creating mistrust between them.