Is a prenuptial agreement really a good idea?

Most estate planning attorneys counsel their clients who are about to remarry to consider putting a prenuptial agreement in place. Essentially, the prenuptial says, “what is mine is mine and what’s yours is yours, and should we ever divorce, or if one of us dies, I keep my stuff and you keep yours.” This is only fair because if a divorce should occur when the marriage is still young, your surviving spouse will leave the new marriage with the same assets he or she brought into it, as well as an equitable share of any assets acquired together during the marriage.