Are Prenups Needed?

While everyone is congratulating you on discovering love again, your children are encouraging you to finish a prenuptial arrangement. Why are your children so concerned about your new life?

A lot of children who have actually experienced a parent in a second marriage testify it is a time of happiness and excitement. Kids from a previous marital relationship might feel threatened their perceived “inheritance” will go to the new spouse or the new spouse’s children. In addition, your partner’s asset-to-debt ratio may not be favorable, and your kids’s issue may be your possessions will be diminished paying debts not incurred by you.

One way to keep your premarital possessions and debts clearly separate is by entering into a Prenuptial Arrangement before marriage and proper estate planning. Prenuptial Agreements, like any agreement, should be plainly written. They should be voluntarily signed by both parties, and supply a reasonable disclosure of the residential or commercial property or financial responsibilities of both celebrations. Without a prenuptial agreement, a surviving partner might can claim a big portion of the other spouse’s residential or commercial property, leaving less for the making it through kids which will likely be less than you initially planned. Lawsuits related to Prenuptial Agreements often centers on whether the terms of the arrangement are clear, the contract was signed voluntarily, and if the disclosure was sensible. For this reason, we recommend both celebrations maintain their own lawyer to examine the Premarital Agreement.

Creation of a trust is one way to provide for a new spouse after the death of a partner while preserving the balance of the properties for the deceased spouse’s kids. Utah law offers a default estate strategy relevant to Utah citizens in a 2nd marriage with children from a prior marital relationship who stop working to take the time to prepare a personalized estate strategy. The children of the departed partner get the balance of the departed partner’s intestate estate.

Congratulations on finding love once again. Let us help you preserve the peace in your house and with your freshly extended household by assisting you with a Prenuptial Agreement and other estate preparing files.