- 27 Oct 2025
Let’s talk about something most people don’t want to discuss before saying “I do” again – prenups. I know, I know… not exactly romantic. But if you’re heading into a second marriage, especially with kids from a previous relationship, this might be the most important conversation you haven’t had yet.
First marriages usually start with two people building everything from scratch together. Second marriages? That’s a whole different ballgame. You’re both bringing your own histories – financial and otherwise – to the table. Maybe you’ve built a business, saved for retirement, or have kids you want to protect. Your new partner might have debt, support obligations, or their own assets to consider.
That’s why a prenup isn’t just some cold, unromantic document – it’s actually a way to protect everything and everyone you care about.
Here’s something that keeps many parents up at night: “What happens to my kids if something happens to me?”
Without proper planning, your new spouse could legally inherit assets you always meant for your children. I’ve seen it happen too many times – family heirlooms, college funds, even homes intended for children end up elsewhere after a parent passes away.
A solid prenup can:
This isn’t about not trusting your new spouse – it’s about being clear and fair to everyone you love.
Money issues wreck marriages – especially in blended families where the financial expectations might be totally different. A prenup forces you to have those uncomfortable but necessary conversations about:
Having these talks upfront prevents so many arguments down the road. Trust me – I’ve seen what happens when couples skip this step.
If you’re getting remarried in your 40s, 50s, or beyond, you’ve probably spent decades planning for retirement. A prenup helps make sure those plans stay intact by clarifying:
This way, you can build a life together while still maintaining the financial independence you’ve worked so hard for.
Every couple needs something different, but these are the essentials I usually recommend:
Let’s be honest – bringing up a prenup can feel awkward. Like you’re planning for failure before you’ve even started. But in second marriages, it’s really more like responsible planning. Here’s how to make the conversation easier:
For your prenup to actually work when you need it, it has to meet some legal requirements:
Skip any of these steps, and your prenup might be worthless when you need it most.
A prenup is just one piece of your protection plan. You’ll also need:
Working with both a family law attorney AND an estate planner gives you the most complete protection.
Let me tell you about Sarah. She owned a successful small business and had two college-aged kids when she married Rob, who had significant debt from a failed restaurant venture. Without a prenup, Sarah’s business – which she built from nothing – could have been considered partly Rob’s if they divorced. Even worse, if she died unexpectedly, Rob could have inherited the business instead of her children.
With a prenup, Sarah protected:
Getting married again isn’t just about second chances at love – it’s about creating a blended family with clear expectations and protections for everyone involved.
A good prenup isn’t about planning for failure. It’s actually the opposite – it’s about removing financial uncertainty so you can focus on building your new life together with confidence and trust.
If you’re planning to remarry, talk to a family law attorney who specializes in blended families. Being open and honest about money and inheritance now can save your family from heartache and conflict later.
After all, the people we love deserve both our emotional AND financial protection.