Q. My husband and I have been divorced for many, many years. However, we do speak frequently and when our children were married, we had pleasant conversations and generally enjoyed each other’s company (more than when we were married.) Neither of us ever re-married although both of us had significant others. His significant other is now deceased and mine is no longer significant. We are discussing re-marrying. I know that in his Will he left his estate to our children and I did the same. Since we both have left whatever we have to our children, anyway, if we do get married again, do we need a pre-nuptial agreement?
A. That’s a really neat question. In my opinion, even under your fact situation, you should have a pre-nup. For one thing, you might re-marry and then decide it was not wise to have done so. A pre-nuptial agreement, if properly drawn, will enable you to terminate the marriage without any concern for the claims one might have against the assets of the other.