Those marrying at older ages should at least consider a prenuptial agreement, since both spouses may come into a marriage with significant assets, children, or both. A “prenup” can spell out which expenses will belong to each individual and which will be the couple’s. In addition, a prenup can specify where marital assets will go, in case of death or divorce.
For a prenup to be valid, each party should have an attorney, and those attorneys should be independent of each other. The agreement should fully disclose each spouse-to-be’s assets and liabilities.
To implement a prenup, don’t wait until the last minute. Some prenups have been overturned in situations where one spouse appears to have pressured the other to go along, right before the wedding.
Many people are reluctant to even raise the prospect of a prenup. One idea is to have your attorney or accountant or financial planner raise the issue, rather than doing so yourself, stressing that an agreement will protect both spouses and the children.