Legal Matters

It may not be the most romantic notion, but remarrying comes with serious legal matters to consider. Will you prepare a new will? If so, to whom do your assets go? How will you file your taxes? Will you have a prenuptial agreement?

Prenuptial agreements are much more common these days than they once were. So are divorces. By nature, prenups operate on the assumption that the marriage might not succeed. And while a prenup can legally protect your assets in the event of another divorce, it can also communicate to your new spouse that your assets are more important to you than your relationship.

Worse yet, a prenup puts in writing that you don’t trust your spouse to handle your assets according to your wishes upon your death. For a marriage to survive and thrive, both partners must be fully committed—for life. Whatever your decision, you’ll need to discuss it together, giving each other the freedom to express opinions honestly.

There’s also the matter of inheritance. A new couple must work out how all their children, both biological and step, will be provided for financially, including if one parent dies. If a biological parent is concerned about their child’s financial provision after the parent dies, then the parent must make a plan before or early in the remarriage. Perhaps that means establishing a trust fund in each child’s name. Whatever arrangements the parent makes, the new spouse must be made aware of them.

If a stepparent wishes to divide the couple’s estate among stepchildren, then a will is essential. The specific wording is also critical since the words children or even all my children do not specifically include stepchildren, leaving the will subject to questioning or potential misinterpretation.

Couples must also consider how the spouse who’s left behind will be provided for financially. It’s easy to assume that your second spouse will be taken care of upon your death, but be sure that you clearly spell out all the details and that all parties understand, including adult children. Then make your decisions legal with the help of an attorney.

Although legal matters can be difficult topics to discuss, remember the unity and peace that God wants for you. Have an open discussion with your partner about your plans for providing for all of your children if and when something happens to you as well as your plan to provide for one another. Look to God’s love and generosity as a model for your decisions.