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Is having a pre-nup planning for divorce?

By Jennifer Gumbel

Fri, Jan 24th, 2014
Posted in All Ask the Expert

There are a variety of good reasons to enter into a prenuptial (a.k.a. “antenuptial”) agreement with your soon-to-be spouse and not all of them include divorce. A more important, and hopefully 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 neither you nor your soon-to-be spouse intend. For example, if you have family farm property, normally your interest will go to your spouse upon your death. If your spouse gets remarried and fails to properly plan, their new spouse may get an interest in the property. Additionally, even if you specifically give property to someone other than your spouse in your will, there are statutory rights for the spouse that can only be waived through a prenuptial or postnuptial agreement. If you have family farm land or this will be a second marriage, consider a pre-nup. It can be a valuable addition to your estate planning documents.

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