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Old 10-02-2013, 12:47 PM
 
3 posts, read 5,716 times
Reputation: 11

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Going to try to make this short. Divorced father of 2, for almost 5 years now. Have job own my own home. Met great woman. Moved in. She has 3 of her own. Older eighter in college or out on their own. She had them when young. Was married for 18 years and her 20, so we both did the long marriage thing and know what its all about. I have a an ok job with excellent benefits, she has ok job with no benefits along with a part time to make ends meet. We both struggle to make ends meet like most people. We both put our kids first when it comes to everything. I see this woman struggle every single say without health insurance. So, i though ti would never entertain the idea of marriage again. I thought i could live happy with someone and just live life without the marriage tittle. Now, i am struggling with the thought of marriage. Despite having 5 kids between us and having to find the time and attention(if thats the right word) for all of them, we have an awesome relationship. Somehow we found in each other, what we never we were never able to find in our previous marriages if that makes any sense. We jsut happend to find it later in life. So, now i see this woman struggle everyday without health insurance. She doesn't have the money to go to a doctor, can't afford a prescription, and hasn't had a physical in a long time. I love this woman and if there was someone i would marry it would be her. If we were married she would automatically be enrolled in my medical benefits. I would no longer have to worry abotu her not getting a physical, not worrying about her getting a mamogram to which i am constantly on top of her with. (ex-wife is a breast cancer survivor, and i take that serious). Now comes the questions. I may sound selfishly here but so be it. I have two kids and everything i have or will have will always be theirs if something was to ever happen, including the house. Is there something we can sign or agree on in writing to protect myself and my kids interests? Is this something i have to go spend money on a lawyer? I do have a will made that states everything goes to my kids. Does second marriage change this? I don't know. I am trying to avoid going through lawyer to get this info. If anyone has been through this or can give some advice, it would be greatly appreciated. Thanks again and sorry if long post.
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Old 10-02-2013, 01:03 PM
 
6,732 posts, read 10,003,959 times
Reputation: 6849
Yes, you should have a prenuptial agreement, to protect everyone -- your kids, her kids, you, her. Yes, you will need a lawyer.

To save money, do lots of reading online and discussing with her before you see the lawyer, and write up a rough-draft list of what you both think would be fair.

And see this thread .
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Old 10-02-2013, 01:05 PM
 
Location: Up above the world so high!
45,217 posts, read 100,789,472 times
Reputation: 40205
Many couples in second marriages do formulate agreements regarding inheritance for dealing with kids from first marriages upon death, it's a smart thing to do actually.

And usually it's only the stuff you buy or acquire AFTER your marriage that would be jointly owned that could get tricky on who inherits what, especially depending on what state you live in.

Do yourself a huge favor - pay the $175-250.00 to get a lawyer to draft wills for you.

You want stuff like this to be iron clad and clear to administer after your death.

You have found love again, a partner you know you plan to be with for life. Now give her the benefits of marriage! Don't let your concerns over future inheritance prevent you from going forward with protecting the woman you love
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Old 10-02-2013, 01:14 PM
 
29 posts, read 28,828 times
Reputation: 34
You should always have a prenup regardless. Don't forget that second marriages have an even higher divorce rate.
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Old 10-02-2013, 01:22 PM
 
Location: NoVa
18,431 posts, read 34,385,493 times
Reputation: 19814
Quote:
Originally Posted by Bent484 View Post
Now comes the questions. I may sound selfishly here but so be it. I have two kids and everything i have or will have will always be theirs if something was to ever happen, including the house. Is there something we can sign or agree on in writing to protect myself and my kids interests? Is this something i have to go spend money on a lawyer? I do have a will made that states everything goes to my kids. Does second marriage change this? I don't know. I am trying to avoid going through lawyer to get this info. If anyone has been through this or can give some advice, it would be greatly appreciated. Thanks again and sorry if long post.
Well I am very happy for the two of you! Congratulations on finding love again.

I agree with the prenup if you want things to go to your children. I really must ask the question that I have not seen asked yet, however.

If something were to happen to you and you left her behind as well as your children where does she live? The house has gone to your children.
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Old 10-02-2013, 01:28 PM
 
Location: NYC
5,209 posts, read 4,678,617 times
Reputation: 7985
Personally I would not get married just for the financial benefit which in your case is adding someone onto your insurance. Of course everything looks good on paper and when the relationship is going well, you can't see any downsides. However, when things get ugly I can guarantee what small financial benefit you may have reaped early on will pale in comparison to the costs of splitting up.
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Old 10-02-2013, 01:36 PM
 
Location: Up above the world so high!
45,217 posts, read 100,789,472 times
Reputation: 40205
Quote:
Originally Posted by Pikantari View Post
Well I am very happy for the two of you! Congratulations on finding love again.

I agree with the prenup if you want things to go to your children. I really must ask the question that I have not seen asked yet, however.

If something were to happen to you and you left her behind as well as your children where does she live? The house has gone to your children.
The homeowner simply sets up a "life estate"

This means the wife could continue to live in the home until her death when it would then go to the children who inherited from their father.
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Old 10-02-2013, 01:38 PM
 
809 posts, read 1,274,549 times
Reputation: 1432
What is the need for you to get married to a woman with three kids when you have two

Some men jump into the well willfully. She must look yummy.
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Old 10-02-2013, 01:48 PM
 
Location: RI, MA, VT, WI, IL, CA, IN (that one sucked), KY
41,936 posts, read 37,016,353 times
Reputation: 40635
He may love her with all his heart. Having kids isn't the reason lots of people get married.

That said, wills for both and a pre nup, absolutely. Why do you want to avoid a lawyer? They're relative inexpensive for this type of thing.
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Old 10-02-2013, 02:01 PM
 
6,319 posts, read 7,250,312 times
Reputation: 11987
Oh for Gods sake. You Americans and your pre-nups. We don't have them here mainly because the courts ignore them.

MARRIAGE IS THE JOINING OF TWO SEPARATE PEOPLE INTO ONE LEGAL ENTITY.

A pre-nup is legal proof that you should not be even thinking about entering into a marriage with that person.

You become one person, literally, in the eyes of the law and as such, everything you have is theirs.

That's it. You could be CEO of your own shoe company and your loved one a Mexican gardener, but instantly your personal wealth is halved and his increased, forever.

It's the nature of the beast. Marriage that is. If you aren't prepared to give away everything you own, don't do it.

A pre-nup is the equivalent of crossing your fingers behind your back when you say your vows.

It takes all the importance from them, it's a great big fat "yes I love you BUT". No marriage should begin like this.

There is a clear solution to all your concerns OP - don't marry her.
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