Is it important to have a prenup when one or both parties is entering a second or third marriage?

By Chuck Roberts
September 19, 2017
Is it important to have a prenup when one or both parties is entering a second or third marriage?

Yes, those are the situations where there’s all kind of potential landmines. You can talk about ownership of the home that the parties are going to occupy, you can talk about payment of mortgage, and what about necessary repairs in the future? Who’s going to pay the real estate taxes? Who’s going to benefit from the appreciation in the value of the house? Who’s going to benefit from the reduction in principle on the existing mortgage?

Those are all things that can be resolved in advance of the marriage at a time that we have a good working relationship between these parties. You can essentially set up an estate plan in the prenup. If each side has children from a prior relationship, will the husband’s children with somebody else going to inherit the wife’s share of the estate? Are they going to inherit from the wife’s nonmarital estate? Are they going to only inherit from property that’s accumulated during the marriage? There are all kinds of issues that arise when there’s children from prior relationships on each side, and it makes a lot of sense to do that in advance of entering into the marriage.

Chuck Roberts is family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.

Back To Top

September 19, 2017
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.