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David R. Hartwig, Esq.
Family Law & Divorce Attorney & Counselor at Law Veteran Military Discount

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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I am David R. Hartwig, Esq., a Salt Lake City attorney with extensive experience helping parents resolve simple or high-conflict custody issues reaching arrangements that work for children and parents. Child custody involves parent-time and visitation schedules, and can affect support. I help in all of these areas, providing comprehensive service clients need to achieve their custody goals.

Factors In Child Custody Decisions

As an experienced Utah child custody lawyer, I understand that custody cases may become a contentious issue even years after an order is finalized. The trend in Utah toward joint custody often creates messy, unworkable situations, which ultimately lead to enforcement issues when parents do not abide by their custody orders.

The best interests of the child must be considered, including:

• Whether joint legal or physical custody will benefit the child's physical, psychological and emotional needs, or the child's development

• The parents' ability to give first priority to the child's welfare, and reach shared decisions in the child's best interest

• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent

• Whether both parents participated in raising the child before the divorce

• The distance between the parents' homes

• The parents' maturity and their willingness and ability to protect the child from conflict that may arise between the parents

• The parents' ability to cooperate with each other and make decisions jointly

• Any history of, or potential for, child abuse, spouse abuse, or kidnapping

• Any other factors the court finds relevant

Despite the complicated and sensitive nature of custody matters, I have helped many clients successfully establish custody orders.

Get Help With Your Child Custody Issue

If you have a child custody issue, please contact me, David R. Hartwig, Esq. I am an experienced Salt Lake City custody lawyer dedicated to helping clients resolve complex custody issues and implement necessary custody orders. For high-conflict cases, I am also one of the few Utah child custody modification attorneys trained as a Special Master for ongoing dispute resolution.


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