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Are prenuptial agreements worth doing for a second marriage?

Most likely, yes. According to the Pew Research Center, 40 percent of marriages now include one partner who was previously wed. The big difference between your first and second marriages? You'll likely start this one with kids already in the picture. That changes a lot of things, no matter whether the children are in preschool or high school.

Your kids may be overjoyed you're getting remarried, or they may be in the "wait and see" category, withholding their approval until more time goes by. Either way, you want to start this new marriage off on the right foot. The best way to do that is to establish concrete plans for what will happen to various possessions and future financial benefits (like 401Ks and IRAs) if things don't work out or if one spouse dies. Let's face it: being older means having more assets to protect-and your children are counting on you to look out for them in this transition.

What if only one of you wants a prenup?

Entering a second marriage, it's imperative to be forthcoming about your finances, like it or not. Get everything into the open between you. Point out to your fiancé(e) that if you take care of these concerns now, you can put money out of your mind and enter the marriage with a full heart and no misgivings.

In fact, argue for creating the prenup first, then starting to plan the wedding. Put your children's interests first and be detailed: is there something specific they want to inherit, or something you've always planned on them having when you're gone? A beloved piece of art, a vintage car, a baseball card collection or even a summer home or rental property?

If your future spouse is against drafting a prenup, be open to talking about the reasons. You can certainly have a postnuptial agreement drawn up later; it may not be as iron-clad as a prenup, but it's preferable to having no legal document to turn to.

It might sound pessimistic, as if you're going into the new partnership with the expectation of failure-or death. But actually, you're just being careful because you love your children and want them to have what they deserve.

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