Prenuptial agreement – Phase B
Relationships in phase B of life is generally complex, since it is the second relationship, into which the spouses enter following the occurrence of a divorce or death. At this stage, the spouses often own assets, property, a house, a pension, funds and provident funds as well as children from the marriage that had ended. When there are non-shared children additional interest soon enter into the equation, thus the absence of a prenuptial agreement may cause serious complications.
There are a number of important subjects which need to be covered in a phase-B prenuptial agreement.
First: regulating of the residence issue. In the event of the parties residing in an apartment of one of the spouses, the agreement will stipulate who of the parties has proprietary interest in the apartment and who does not, as well as what is to happen in case of separation or death of one of the parties. This issue is particularly relevant when the spouse owning the apartment has heirs.
Second: a prenuptial agreement regulates the ownership of assets of each of the spouses, for example, which part of the pension is due to the previous spouse and which to the present one.
Third, a prenuptial agreement determines which assets will remain in the ownership of only one of the spouses in the event of separation, and which assets will be part of the balancing procedure, i.e. will be divided between the parties.
One should bear in mind that phase-B prenuptial agreements in the second phase of life are not simple due to the need to consider the un-shared children of the spouses to whom one wishes to make a bequest. Furthermore, sometimes these children put pressure on their parents out of fear that the new spouse intends to "take over" their parents' property.
Therefore, high professionalism, excellent human relations and great sensitivity must be applied.
Gila Barzili Law Office, has been active for many years in this unique field of prenuptial agreements, for spouses who are in their second relationship, efficiently, sensitively and professionally.