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Family & Divorce Law

Family law needs for the second time around

By Tolison & Williams / October 12, 2015

Finding a second chance at love is a nothing short of a gift. For those in Colorado who have gone through a marriage and divorce, giving love another shot is both exhilarating and intimidating. A second marriage is an opportunity to correct the mistakes made in earlier relationships; it is also a chance to avoid making a number of legal mistakes. Spouses who say "I do" a second or subsequent time have a unique set of family law needs.

One thing that is often different within second marriages involves the basic structure of the new family. When one or both spouses already have children from previous unions, there is a need to look after the interests of those children. Many individuals will bring substantial assets into a second marriage, with the intent that those assets be handed down to their children when the time comes. However, without addressing this need from a legal standpoint, that outcome is far from guaranteed.

Couples who are preparing to wed are best served by drafting a prenuptial agreement. As part of that process, it is important to discuss each party's intended estate plans in regard to his or her children. For example, if one spouse has inherited a family vacation property and intends to pass that asset down to her children and grandchildren, that plan needs to be addressed within a prenup as well as an estate planning package.

Fortunately, it is possible to cover more than one set of needs during the process of creating a prenup with a family law attorney. Couples in Colorado can agree upon a system for the potential division of marital assets, as well as outline their estate planning wishes. Having both of these milestone legal needs handled at the same time is a great way to begin a second marriage, as it indicates that both parties are on the same page when it comes to how their assets will be handled.

Tags: Family Law

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