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I have some family farmland and my family wants me to do a pre-nup. Aren’t I just planning for divorce?

By Jennifer Gumbel

Fri, Jul 27th, 2012
Posted in Preston Ask the Expert

No. There are a variety of reasons to enter into a pre-nup, also referred to as an ante-nuptial agreement. A hopefully more likely scenario is that you will be happily married until one of you passes away. Without proper planning, property could pass in a way that you don’t intend.

For example, normally your interest goes to your spouse upon your death. If your spouse gets remarried and fails to properly plan, their new spouse may get your family’s property. Even if you specifically give property to someone other than your spouse in your will, the spouse has statutory rights that can only be waived through an ante- or post-nuptial agreement. This can become a concern if you have children from a prior relationship.

If you have family farm land or this will be a second marriage, an ante-nuptial can be a valuable addition to your estate planning. If you think an ante-nuptial or post-nuptial might be right for you, our office can help.

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