Prenuptial Agreements

If you plan to remarry, insist on a prenuptial agreement. Courts will enforce these agreements if:

• You provide full and accurate financial disclosure.
• The agreement is fair and reasonable when signed.
• The agreement is fair and reasonable at time of death or divorce.

What is "fair and reasonable?" Judges may interpret this standard differently, but any radical departure from commonly accepted notions of fairness are met with resistance. For example, don't expect to keep everything if your spouse is on welfare.

Agreements are more easily enforced if you:

• Never use the same attorney.
• Allow your fiancée enough time to review your financial statements with a lawyer and financial advisor.
• Give your fiancée ample information on hard-to-value assets like a family business or trust fund.
• Do not address custody and child support.
• Provide life insurance for your spouse.