Estate Planning for a Second Marriage

Anytime people are entering into a second (or subsequent) marriage, we strongly recommend a prenup.

Many people think of a premarital agreement as only dealing with what happens in the event of a divorce. However, the most important reason for a premarital agreement is to determine how your estate will be distributed if one of you dies during the marriage, especially if your marriage becomes a long-term marriage (which, of course, is the intended goal of all marriages).

Even if you have already completed an estate plan of your own, a new marriage typically calls for significant changes to your plan.

Although both parties to a new marriage have the right to hire separate attorneys in connection with the creation of a premarital agreement, many couples prefer to go through this process together, via mediation, in order to minimize the expense and avoid the adversarial nature of being represented by two separate attorneys. The advantage of having two separate attorneys is that both parties both receive completely independent, private, and confidential advice. By going through mediation in an effort to develop a written agreement and estate plan, you will be giving up these advantages. If you choose mediation, the purpose of the mediation will be to attempt to arrive, in a cooperative and informal manner, at a mutually acceptable agreement that resolves all financial and legal issues that may arise in connection with your upcoming marriage, your existing marriage, or your co-ownership of property.

Evan Farr is a trained mediator and is available to mediate premarital contracts with couples planning to enter into a second or subsequent marriage, with a goal of preparing the agreement and then doing the subsequent estate planning for the couple. To get started, please see our Mediation Agreement and fill out our Lifetime Planning Intake Form.

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