Getting Married Again? You May Need a Prenup to Protect your Kids.

Collaborative Law for Prenuis

A prenuptial agreement is a contract entered into by a couple before marriage. The prenup spells out the property rights of one or both of the parties involved. One of the most common situations calling for a prenup in Washington is the second marriage involving children. Why?

Pre-marital agreements help protect children from previous relationships by allocating your assets to them (at least in part) instead of all to your new spouse. Without a prenup, upon your death or divorce, your new spouse’s share of your assets will be determined by the court or the law of the land. To save your assets from an acrimonious divorce later on, or a confusing probate proceeding, many couples turn to a prenuptial agreement particularly when children are involved.

One of the prime examples of this is Robin Williams. The beloved comedian had not been dead for long when a bitter fight broke out between his third wife and his three children from a previous marriage. No one wants to see the people they love fight, but his case is unfortunately not unusual.

Although many believe a trust will properly protect their children, a prenuptial agreement can often be the better choice in determining who gets what in the case of death or divorce. The particularly useful feature about a prenup is that it can protect nearly every kind of asset; be it stamp collection, art, cash or family business. Without one your future spouse’s interest could outweigh those of your children. There are many different ways to set up a prenuptial agreement and each prenuptial agreement is unique to a couple’s situation.

For assistance establishing a prenuptial agreement speak with one of our Washington State Family Law Attorneys at Elise Buie Family Law Group, PLLC

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.
ebl home subscribe image

FURTHER READING

Latest Blog Posts

Understand the Washington family law process from start to finish, including filing, hearings, discovery, and resolution, with help from a Seattle attorney.

Unmarried in Washington? Without the right estate plan, your partner may have no legal rights. Learn how to protect each other with help from a Seattle estate planning lawyer.

Learn how alternative dispute resolution — mediation or arbitration — can help resolve divorce issues in Washington without going to court.

Learn how community property laws, probate, and estate planning affect what you may owe for your deceased spouse's debts in Washington state.

Get book recommendations from a Seattle family law attorney experienced in high-conflict divorce if you're divorcing an asshole.

Hear from an experienced Seattle estate planning attorney how a simultaneous death clause could impact your Washington state estate plan.

Hear from a Seattle family law attorney how and why children often act out during a divorce and what you can do about it.

Learn from an experienced Seattle estate planning lawyer what happens if someone dies owing a debt. Does the debt go away when they die? The final article in a three-part series about probate in Washington state.

Divorce can do many things, including ruin summer camp for your kids if you let it. A Seattle family lawyer explains how not to allow this.

Learn from an experienced Seattle family law how you can navigate a high-asset divorce if you are the low- or non-earning spouse.