After a divorce, should I get a prenup for my second marriage?

It is a tragic situation when a married person suffers the death of a spouse due to illness or accident. However, it is also a common scenario for Massachusetts residents that divorce separates two people who legally bound themselves together. Whether a marriage ends from death or divorce, a previously married individual may find herself later considering marriage for a second time.

Even though a divorce or death terminates a prior marriage, there can be many factors from that first marriage that carry over into a second marriage. Primarily, any children born of a first marriage may have inheritance rights from their parents. A second marriage may pre-empt children from inheriting from a parent if a second spouse gets ahead of them in the line of succession prior to the death of the parent.

Additionally, a person contemplating a second marriage – or their soon-to-be spouse – may carry a significant amount of debt. Just as some property is considered marital property, so too can some debt be considered marital debt. The debts and liabilities of one person’s former relationship can affect the financial health of a person when he enters into a second marriage.

Because these financial matters are so important, some people who choose to marry for a second time decide to execute prenuptial agreements. Even if they did not have prenups for their first marriages, they elect to use them the second time around in order to protect their interests, their children’s interests, and their wealth accrued from prior relationships. A prenuptial agreement, through its contractual formatting, allows a couple to make important decisions about their finances before they are married in order to preserve their rights after their unions are confirmed.

The end of a marriage can be a tragic time, but many people whose marriages end endeavor to start over in new marital relationships. The death or divorce legal issues that follow a person into his new life can be addressed through prenuptial agreements. Individuals with lingering questions about second marriage prenups may choose to speak with their legal representatives about the utility of such agreements for their lives.

Celebrity chef and actress head for divorce

The programs on the Food Network have inspired many a Massachusetts home chef to attempt to make interesting dishes and meals for his or her family’s enjoyment. Part of the appeal of the channel’s shows is the cast of personable hosts who provide insightful tips on how to perform better in the kitchen. One popular Food Network chef is Bobby Flay, who recently has been in the news for matters other than his impressive cooking.

Flay married actress Stephanie March about a decade ago and, just recently, the two announced that they would be divorcing. However, it appears that the couple executed a prenuptial agreement before walking down the aisle. Per the agreement, Flay promised to pay March $5,000 per month in support should their marriage end.

March and her representatives have claimed that Flay sent her $5,000 after their separation, but that such payments based on their prenuptial agreement are no longer valid. The payment was reportedly returned to Flay and the couple will likely have to address the enforceability of their prenup as they sort out their high asset divorce.

Prenuptial agreements can be invalidated or ruled unenforceable for a variety of reasons. March and her team may have to convince a court that the terms of the agreement are insufficient to meet her needs or that she is entitled to more support based on the couple’s finances. Other rationales can be offered as to why a prenup may not be enforceable.

Natick couples going through divorce may relate to Flay and March’s situation. Whether they have prenuptial agreements or not, support may be a contested issue in the dissolution of their marriages. In addition to dividing property and establishing child custody, spousal support is an important divorce issue for both the paying and the receiving spouse.

Source:¬†Fox News, “Bobby Flay, Stephanie March divorce reportedly getting messy,” April 13, 2015

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