When people with kids remarry after a previous divorce, family law attorneys strongly recommend writing up a prenuptial agreement.
While it is recognized that prenups are a good idea in many other circumstances, in order to assure that your estate is properly handled with respect to your children from a previous marriage, family law specialists definitely suggest having a prenuptial agreement.
Hopefully the information provided here will give you a better understanding of why family law firms encourage divorced individuals with children to use this important document to protect the assets of their children.
What Is The Purpose Of A Prenuptial Agreement?
A prenuptial or premarital agreement is a legal contract that documents a couple’s rights with regard to personal assets entering the marriage as well as how personal and marital assets should be divided upon divorce or death.
Family law attorneys find them important for those with a larger estate as well as for those with children from a previous marriage.
Attorneys warn that without a prenup, marital and personal property must be dispersed according to Texas community property law and that does not guarantee rights to the property of a parent or spouse if there is a divorce or that person dies.
If Are Children Involved - Who Gets What?
When a spouse has children from a previous marriage, family law firms find that determining who gets what if they die can become a problem that is compounded even more when there are also children from the current marriage.
It can also create bad feelings between people when the time comes to divide up the estate belonging to the deceased if there are essentially two families claiming rights to the same assets.
Taking this into consideration, family law attorneys suggest that the right option for any divorced parent who is planning on remarrying is working up a prenuptial agreement.
Why Are Prenups So Important For Your Children?
Signed by both you and your new spouse prior to marriage, a prenuptial agreement ensures that if you should die, the right benefactors receive your assets as documented in the agreement drawn up with the help a family law specialist.
This is especially important for any children from your first marriage as it protects their rights.
A prenup allows you to divide up assets, family heirlooms, and anything else you want to leave to specific people that can include children from a first marriage, children from the current marriage, and your current spouse.
Let A Family Law Attorney Help With Your Prenup
Prenuptial or premarital agreements drafted with the assistance of experienced family law attorneys can protect family members and prevent legal issues after divorce or death.
Law firms find these declarations especially important for those who are divorced with children and planning to remarry.
Regardless of the amount of wealth you have, family law specialists highly recommend working out a prenup before remarrying to protect the rights of children from a previous marriage and assure their future is protected.
Schreier & Housewirth Family Law
1800 West Bowie Street, Suite 200-E
Fort Worth TX 76110
Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.