As readers of this Florida-based family law blog know, marriage is an important decision because it has legal significance. When a person gets married, they lose their status as a single person, and for many purposes their identity is tied to that of their spouse. Married people often share property, wealth and decision-making power with their partners.
But as readers also know, not all marriages last. A person may grow apart from their spouse or one day may be shocked to learn of offensive or illegal behaviors that the other party has undertaken. Divorce is the legal process that breaks marital bonds and returns individuals to their single identities.
After a first marriage has ended, a person's life may look very different than they did before they got married. They may have kids or even grandchildren. Their career may have taken off and they may have substantially more wealth than they had before they committed in marriage to their partner. They may own property, have business interests or even dependents that require their financial support.
Before entering into a second or subsequent marriage it may be a good idea for a person to have a serious conversation with their family law attorney about the advisability of a prenuptial agreement. A prenup may assist a person in protecting the wealth, assets and people who became significant to them during the course of their first marital unions.
Because marriage gives rights to spouses, the rights of others may be affected when individuals remarry. Divorce and family law attorneys can help their clients make good decisions about whether prenups may be right for them. And even if a prenup is not entered into before a subsequent marriage, a postnuptial agreement is still an available option that can be considered.