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Why Your Second Marriage Needs a Prenup: Understanding the 60% Divorce Risk and Protecting Your Assets

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The decision to remarry is one of hope, optimism, and renewed commitment. You’ve learned valuable lessons, you know exactly what you want in a partner, and you are ready to build a lasting future.

However, statistics show that second and subsequent marriages face steeper challenges than first marriages. While estimates for first marriages hover around 41%, the risk of divorce rises dramatically:

Marriage Order Estimated Divorce Rate
First Marriage ~41%
Second Marriage ~60%
Third Marriage ~73%

This reality is why a Prenuptial Agreement (Prenup) is not a sign of doubt or a plan for failure in a second marriage—it is an act of clarity, financial wisdom, and profound love.

If you are entering into a second or third marriage, here is the compelling case for a prenuptial agreement.

A Prenup is Protection for Your Blended Family

 

When you remarry, you are often combining assets, debts, and—most importantly—families. The dynamics are exponentially more complex than in a first marriage.

 

Protecting Your Children’s Inheritance

 

One of the biggest concerns for clients entering a second marriage is ensuring that their separate, pre-marital wealth—such as the funds set aside for a child’s college or the assets meant for their legacy—are protected.

Without a Prenup, the law may entitle your new spouse to a portion of your existing assets, potentially redirecting inheritance meant for children from your previous marriage. A Prenup clearly designates Separate Property (what you brought into the marriage) and ensures those assets transfer exactly as you intend.

 

Shielding Against Prior Debt

 

Did you enter the marriage with student loans, mortgage debt, or credit card balances? While most states protect spouses from their partner’s separate debt, a Prenup eliminates all ambiguity. It acts as an iron-clad agreement, ensuring that one spouse is never held responsible for the debt obligations incurred by the other before the wedding date.

 

A Prenup is the Ultimate Tool for an Uncontested Divorce

 

The average marriage that ends in divorce lasts around eight years. In those years, without a pre-existing agreement, couples inevitably mix finances—joint bank accounts, shared home equity, and commingled retirement funds.

When conflict arises, disagreements over these complex commingled assets are the primary reason a divorce shifts from being an amicable, uncontested separation to an expensive, drawn-out legal battle.

A prenuptial agreement solves this problem by establishing the ground rules when you are both in love and agreement.

A Prenup ensures the following major issues are already settled:

  • Asset Division: It clearly defines how assets acquired during the marriage will be split (equally, based on contribution, or otherwise).
  • Spousal Support (Alimony): You can waive, limit, or define the terms for spousal support, eliminating one of the most contentious topics during a divorce.
  • Business Protection: If you own a business from your prior life, a Prenup protects its valuation and continued operation.

By having these issues documented and agreed upon, you essentially create a roadmap for an uncontested divorce. Should the marriage end, you won’t spend tens of thousands of dollars fighting over definitions, allowing both parties to move forward quickly and with dignity.

Rethinking the Narrative: A Prenup is an Act of Love and Transparency

 

It’s time to move past the outdated belief that a Prenup is pessimistic. Instead, view it as a demonstration of trust and commitment:

It is a commitment to peace. It ensures that if your marriage faces hardship, neither of you will have to endure a financially destructive and emotionally draining legal war.

It is a commitment to clarity. It encourages an honest, transparent discussion about finances and future expectations before the rings are exchanged.

Entering a second marriage requires wisdom and a clear vision for the future. Don’t risk the complexities of blended families, prior assets, and higher statistical risk.

By executing a thoughtfully crafted Prenuptial Agreement, you are giving your second marriage the best chance at stability and ensuring that, regardless of what the statistics predict, you control your future.

Ready to discuss protecting your assets and family legacy?

Contact us today to schedule a confidential consultation about prenuptial agreements.

CUSTODY CASES (PARENTS NOT MARRIED)

Can I Move to Another State with My Child?

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Relocation with a child after divorce or separation can be one of the most complicated issues in family law. Parents may wonder:

  • Can I move to another state with my child?

  • Do I need to stay within a certain distance of the other parent?

  • Can I take my child abroad for a family vacation without permission?

In Massachusetts, the answers depend on custody arrangements, parental consent, and state law — particularly Massachusetts General Laws Chapter 208, Section 30, often called the removal statute.

This blog will walk through the basics of Massachusetts relocation law, what courts consider when deciding these cases, and where to find official resources for further information. This is general educational information only and not legal advice.

Massachusetts’ Removal Law (M.G.L. c. 208, § 30)

Massachusetts has a specific law governing whether a parent can move a child out of the Commonwealth. The statute applies when:

  • The child was born in Massachusetts or has lived in Massachusetts for at least five years, AND

  • There is a custody or visitation order in place (or a custody case is pending).

Under this law, a minor child cannot be permanently removed from Massachusetts without consent. That means:

  • If the child is old enough to give meaningful consent, the child’s agreement is required.

  • If not, the noncustodial parent must agree to the move.

  • If there is no agreement, the parent who wishes to move must obtain a court order.

📖 Source: Massachusetts General Laws, Chapter 208, Section 30 – Removal of Children (Massachusetts Legislature)

What Does “Removal” Mean?

The law is primarily about permanently changing the child’s residence to another state. It does not typically cover short trips, vacations, or temporary travel. But courts may become involved if there is concern that a trip abroad or out of state could lead to permanent relocation.

Moving to Another State with Your Child

If you share custody or if the other parent has visitation rights, you generally cannot relocate your child to another state without either:

  1. The other parent’s written consent, or

  2. Permission from the Probate and Family Court.

When asked to approve a relocation, the court applies one of two legal standards:

  • The “real advantage” test (if one parent has primary physical custody): The moving parent must show the relocation provides a genuine benefit — such as better job opportunities, family support, or improved living conditions — and that it aligns with the child’s best interests.

  • The “best interests of the child” test (if custody is shared or nearly equal): The court focuses on how the move would affect the child’s stability, schooling, and relationship with both parents.

📖 Source: Massachusetts Law About Child Custody and Parenting Time (Mass.gov)

Do I Need to Stay a Certain Distance from the Other Parent?

Massachusetts law does not set a specific mileage limit (for example, “you must stay within 50 miles”). Instead, the court looks at the practical effect of the move:

  • Will it make visitation difficult?

  • Will it disrupt the child’s schooling or community ties?

  • Can a new visitation schedule realistically be arranged?

Even a move within Massachusetts (but far from the other parent) may be challenged if it significantly interferes with custody or parenting time.

Moving Without the Child

A parent is generally free to relocate on their own without needing court permission, so long as the child remains in Massachusetts with the other parent (or according to the existing custody arrangement).

However, such a move may require modifications to custody or visitation orders to account for the parent’s new circumstances.

Taking a Child Abroad for Vacation

Parents often wonder: Do I need the other parent’s permission to take my child on vacation outside the U.S.?

  • If both parents share custody or if there’s a court order requiring notice, it’s best — and often required — to get written permission from the other parent.

  • Some custody orders specifically require written consent before traveling outside the United States.

  • To obtain a child passport, the U.S. State Department requires consent from both parents for children under age 16, unless one parent has sole legal custody.

📖 Sources:

While short vacations are not the same as permanent relocation, disagreements can arise if one parent fears the child won’t be returned. In those cases, courts may intervene.

What If I Move Without Permission?

If a parent moves a child out of Massachusetts without the required consent or court order:

  • The other parent can file a complaint for contempt or seek an emergency order requiring the child’s return.

  • The court may also consider whether to modify custody due to violation of the removal law.

  • Unauthorized removal can have serious legal consequences.

📖 Source: Massachusetts General Laws, c. 208, § 30 (malegislature.gov)

What the Court Considers in Relocation Cases

Massachusetts courts weigh many factors before approving a move, including:

  1. Impact on the child’s relationship with the non-moving parent.

  2. Educational opportunities in the new location.

  3. Support systems (extended family, healthcare, stability).

  4. Reasons for the move (employment, remarriage, financial stability).

  5. Feasibility of visitation after the move.

  6. Emotional well-being of the child.

  7. Age and preference of the child, if mature enough.

Key Takeaways

  • In Massachusetts, you cannot move your child out of state permanently without the other parent’s consent or a court order.

  • The court applies either the real advantage or best interests test, depending on the custody arrangement.

  • There is no fixed mileage restriction, but long moves (even within the state) may require court involvement if they disrupt visitation.

  • For international vacations, written consent from the other parent is generally required, and both parents must usually consent to obtain a child’s passport.

  • Moving without permission can result in legal consequences, including modification of custody.

Official Resources

For parents navigating this issue, consult these official sources:

Relocation with children in Massachusetts is highly regulated and always subject to the child’s best interests. While parents may have legitimate reasons for moving, the law requires careful consideration of both parents’ rights and the child’s welfare.

Because each situation is unique, families facing relocation questions should consult with a qualified Massachusetts family law attorney to understand their options and obligations.