Prenuptial agreement can greatly aid in second divorce | Lane & Lane, LLC
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Prenuptial agreement can greatly aid in second divorce

When a New Jersey resident is considering a second or subsequent marriage, the issues before him or her are different than those faced the first time around. In many cases, people who are tying the knot a second time have far more assets than they did when they entered their first marriage. In addition, when one or both partners have children from a previous union, there is a need to protect assets that should be passed to those children. While no one enters into a marriage already planning for a divorce, taking the time to create a fair and reasonable prenuptial agreement is a savvy move, even if the document is never needed.

Statistics suggest that as many as 70 percent of second marriages will end in divorce. While no one want to believe that they will contribute to those numbers, the fact remains that it is impossible to predict whether a marriage will falter. Spouses who have a carefully drafted prenuptial agreement in hand often fare far better in the event of a divorce.

When creating a prenup, it is important to ensure that the contract is fair, reasonable and does not violate any state guidelines in terms of spousal support or alimony. A prenuptial agreement can be challenged in court, and one that is unfairly biased toward one party is at risk of being thrown out entirely. The purpose of a prenup is to protect both parties from losing certain assets in the event that their marriage ends in divorce. It is not a tool with which one party can punish the other.

The best course of action when considering a New Jersey prenuptial agreement is to sit down with one's partner and talk about the reasons for drafting such an agreement and the benefits that both parties can reap in the event of a divorce. It is imperative that both parties fully understand the provisions of the agreement, and that they enter into a prenup of their own accord. Once this important document has been completed, the couple can move forward with their new union focusing on the positive, in the knowledge that they have done everything possible to protect against the worst.

Source:, "Getting remarried: Do you need a pre-nup?" Sheri Hack, May 31, 2013

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