McCoy Fatula, APCMcCoy
Fatula
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California divorce: pre-nup recommended in second, third marriage

When couples in California and elsewhere around the country get married for a second, or even third, time, a good majority of those marriages will not be successful. In fact, 67 percent of second marriages end in divorce, while 74% of third marriages experience the same fate. Many people do not appear to be wary of wedding again and want to give marriage another try. However, it may be prudent to discuss several topics that could possibly cause conflict. For some, a pre-nuptial agreement may be advisable.

Pre-nuptial agreements may not sound very romantic. However, having honest discussions regarding children and finances can help couples avoid potential conflicts in the future. Many believe that pre-nups are only for the wealthy, yet advocates recommend them for most couples. For example, if one spouse has children from a prior marriage, a pre-nup could specify that provisions be made for them.

Some ex-spouses may lose benefits such as health insurance or pension payments if they remarry. Social Security benefits could even be affected. Because of the potential impact on finances, some decide to not get married at all. There are roughly 4 million people over the age of 50 who are living together.

A pre-nuptial agreement can be a useful document for many California residents. An experienced divorce attorney can help individuals develop an agreement to protect assets before getting married. A similar document, a post-nuptial agreement, could be written if a couple is already married. Knowledgeable lawyers will consider a client's best interests while working toward achieving the best possible outcome in the divorce proceedings.

Source: CBS Boston, "Breaking Up Is Hard To Do: Second Or Third Go Around", Dee Lee, Aug. 31, 2017

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