As Philadelphia divorce lawyers we recommend prenups to any couple getting married at any age. But we are especially adamant about telling our clients to nail down a prenup if they’re pursuing their second marriages.
And this is true even if it’s your first and your SO’s second, or your second and your SO’s first.
Second marriages are fraught with complex issues you’ll rarely find in a first marriage. You need to be prepared.
Statistically, the second marriage is riskier than the first.
67% of second marriages end in divorce. If this is your third marriage you’re 73% more likely to get a divorce.
Everybody wants to think they’ll be in that lucky 33%, or that lucky 27%. But it’s prudent to be aware that may not be your reality.
Planning ahead protects you both, and acknowledges you both love each other enough to want to make sure a divorce doesn’t devastate either one of you financially if you have to part ways.
See also: Here’s How You Know You Need a Prenup.
You are more likely to have premarital property to protect.
When you’re in your 20s you don’t own much, so signing a premarital may sound silly. There are reasons to do it anyway, but it’s easy to understand why young couples don’t always bother.
By the time you’re getting married a second time, you’re likely to be coming in with a house, a car, a retirement account, some investments, or your own business. There’s a lot more to sort through and a lot more to protect.
See also: How to Discuss Your Prenup the Right Way.
You’re much closer to retirement.
And you probably prepared for retirement at different rates. One of you may have a very small retirement fund compared to the other.
You don’t want to wait until retirement to have a conversation about who will pay for what, or to what extent one nest egg will be touched over another. A prenup forces you to have those conversations now.
People think prenups are all about what happens when you get divorced. In reality, they can help you build a framework for your marriage, too. And if both of you sign and seal an agreement before you say, “I do,” there are less likely to be serious financial misunderstandings down the line, or situations where one spouse feels taken advantage of by the other.
See also: What You Need to Know About Grey Divorce.
You want to protect your children’s inheritance.
If your marriage doesn’t end in divorce it will end in death. If you want to make sure your children receive the benefits of your hard work you’ll need a prenup to protect their inheritance.
This isn’t to say you’ll leave your second wife or husband with nothing. You can structure your assets to give your spouse usufruct rights on your property until he or she dies. The inheritance would then pass to your children. And your spouse’s inheritance can pass to his or her children the same way.
Got questions about setting up a prenup?
Let us help you set up a fair, equitable prenup agreement judges will honor. We’ll walk you through all the issues you should be considering, and will answer all your questions. Remember, you should be talking about signing a prenup about six months before your marriage date, so don’t delay.