Should I Sign a Prenup before I Get Married Again at 60?

Those considering marriage at an advanced age should evaluate a prenuptial agreement, particularly when both partners bring substantial assets, children or both into the relationship.

A prenup can delineate which expenses belong individually versus jointly. It can also specify where marital property will transfer in case of death or divorce. In certain jurisdictions, this document may be called an “antenuptial agreement” or “premarital agreement.”

For validity, each party should retain independent legal counsel. One attorney cannot represent both spouses. Complete financial disclosure from both prospective partners is essential.

Common Reasons for Pursuing a Prenup

Protecting inheritance for children from prior relationships. Couples with previous children may use a prenup to ensure separate property transfers to their biological children while still providing spousal support if needed. Without one, a surviving spouse might claim significant assets, reducing what stepchildren inherit.

Clarifying financial responsibilities. Partners may simply want to establish clear expectations regarding finances and obligations during marriage.

Preventing divorce disputes. An agreement can preemptively address property division and spousal support, avoiding contentious negotiations.

Shielding from debt. These agreements protect spouses from each other’s financial obligations and address various related concerns.

Important Timing Consideration

Courts have invalidated prenups when one spouse appeared pressured into signing immediately before the wedding. Allow adequate time for proper review and execution.

Contact our office today to schedule a consultation.