If you are planning on remarriage, a prenuptial agreement can protect your assets. Such a document can spell out who will be responsible for which expenses, after a marriage. It also can indicate where each spouse’s assets will go, after death or divorce.
For a "prenup" to be valid, both spouses should have attorneys who are independent of each other. They should fully disclose their assets and income. A prenup may be overturned if one spouse was not adequately represented or if assets weren’t disclosed.
Similarly, pressure to sign might cause a prenup to be thrown out. That might occur if one spouse is asked to sign an agreement right before the wedding. Therefore, a prenup should be negotiated at least several weeks in advance of the ceremony.
If you’d rather not ask your spouse-to-be to sign a prenup, say that you’re acting on the advice of your attorney, accountant, or financial advisor. Downplay talk of divorce and focus on estate planning, which should include some provision to protect your new spouse at your death.
