Marriage can be an exciting event in one’s life. It is also an event that has great legal significance. The act of marriage confers many rights on a spouse, both during life and at death. If someone is getting married later in life or if they are bringing children into a new marriage, it is important to consider a prenuptial agreement.
No one enters into a marriage wishing to contemplate divorce. Divorce is a reality and can certainly be addressed in a prenuptial agreement. However, a spouse’s death is also something that can be addressed in a prenuptial agreement. Unless there is an agreement in place, a surviving spouse automatically receives numerous benefits from an estate. These benefits can disrupt an existing estate plan. Our firm considers a prenuptial agreement to be an “estate planning preservation tool” with the obvious understanding that individuals can and probably should still provide for their new spouse in their estate plan.
We know that this type of planning can be emotional and just plain awkward. Our firm understands the difficulty of these agreements and we patiently work with clients to implement them in an effective manner. If you would like to schedule a time to discuss whether a prenuptial agreement can benefit your personal estate plan, please call us (and do it before the wedding).