David R. Hartwig, ESQ.
Attorney & Counselor At Law
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Pre-nuptial agreements for your second marriage:

Life is looking good. Your new found love has popped the question, or accepted your proposal. You both are on your way to a happy second marriage.


Let us all hope that your second marriage is a success, and that you never need to think about, let alone contact, a divorce attorney. What a blessing that would be.
But... as is well known second, and subsequent marriages, are even more likely to end in divorce than a first marriage. The statistics are out there.

And, if your bliss turns sour, life will be more complicated. There are your children to consider, your spouses children, and your joint children. There are the complications and pulls from obligations under the prior divorce, and in your current obligations. Life certainly is more complicated.

How can you avoid this? Well, you can't truly avoid it. But, you can attempt to minimize some of the problems by way of entering into prenuptial agreements before you get married.

In Utah, prenuptial agreements are controlled by statute. The content, disclosure of assets, and actual notice to the other party is strictly specified. I have handled cases where the statute was not followed, and the prenuptial set aside due to the failure to fully comply with statute --  such things as hiding assets (or failing to disclose assets) and not fully informing the other party; or coercion in the signing.
And, a prenuptial agreement will not settle all of your problems. Custody of children, child support, and spousal support (or alimony) cannot be contracted away. But, various other business, trust, or other financial holdings can be addressed and will be upheld if you properly handle those matters during the marriage.

Prenuptial agreements can be very valuable in a second, or subsequent, marriage, if handled property. At the very least, it will assist you and your future spouse to realistically look at your lives, and holdings, to openly discuss how life needs to be if you do divorce. And, if you do, you might save yourself a lot of pain.

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