The Challenge: Protecting Assets in a Second Marriage

Prenuptial agreements are a smart financial safeguard, particularly for individuals entering a second marriage or those who have significant assets to protect. They become even more critical when there are children from a previous marriage, as they help ensure that those assets remain secure for future inheritance.

However, poorly drafted or rushed prenups can lead to some of the most expensive and contentious litigation in a divorce. Without proper legal protections, a prenup can be challenged, and assets that were meant to be protected could still be subject to division.

This was almost the case for one client, a successful career woman who found herself needing both financial security and a legal safety net when she entered a second marriage.

The Strategy: A Properly Drafted Prenuptial Agreement

Five years ago, we helped a client navigate a prenuptial agreement before her second marriage. She had built a strong financial foundation, had no children from her first marriage, and wanted to ensure that the assets she had accumulated through years of hard work were legally protected.

Her fiancé, however, did not have the same level of financial success. When she became pregnant, she decided to give marriage a chance for the sake of her child, but she also knew that protecting her assets was essential in case things didn’t work out.

We helped her draft a comprehensive prenuptial agreement that:

• Clearly defined which assets she brought into the marriage and protected them from being subject to division.
• Ensured that future income earned during the marriage would remain separate property.
• Required that both parties had independent legal representation, preventing any claims of coercion.
• Included a recorded signing process, with video documentation to eliminate future disputes about whether it was signed voluntarily.

The Outcome: A Simple and Efficient Divorce Process

A few years later, the marriage did end in divorce—but thanks to the well-structured prenuptial agreement, the divorce process was straightforward and resolved quickly.

Had she not had a prenup, her financial accounts would have been commingled, making asset division complicated and unfair. She could have lost half of everything she spent a lifetime building, simply due to how assets are divided under family law.

Instead, her prenup ensured that her financial future remained intact. Rather than spending years in expensive legal battles, she was able to move forward smoothly and without unnecessary stress.

Your Next Step: Protect Your Future with a Well-Drafted Prenup

If you’re considering marriage and have assets you want to protect, a prenuptial agreement may be one of the most important legal documents you ever sign.

Download The Guide to Prenuptial Agreements to learn how to secure your financial future before marriage.

Schedule a Consultation to ensure your prenup is properly drafted, legally sound, and built to withstand challenges in court.