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Your Same-Sex Prenuptial Agreement Could Be Invalid

Few same-sex couples walk down the aisle and say “I do” believing that at some point their vows will be broken. After all, same-sex couples have a lower divorce rate than heterosexual couples, with the average divorce rate being 1.1%.

With that said, same sex divorces obviously do happen, which is why a growing number of same-sex partners are choosing to enter into a prenuptial agreement – especially as a lot more may be at stake.

Same-Sex Couples Are More Likely to Have Considerable Assets

The primary reason for entering into a prenuptial agreement is to protect your assets. Because same-sex marriages were and still are restricted in some states, same-sex couples often become married later in life when they may already have considerable assets, including:

  • Property
  • Businesses
  • Vehicles
  • Savings

Why Your Prenuptial Agreement May Be Invalid

Prenuptial agreements are a valuable tool for couples if they plan to get married. But they are only useful if they are legally sound. Your prenuptial agreement may not be valid if:

  • It is not a written agreement. Your agreement must be in writing in order for it to be enforceable
  • One or both parties felt pressured. If one spouse was pressured to enter into the agreement by someone else (their partner, their family or a lawyer) it may not be legal
  • It was improperly executed. Both parties have to sign the agreement prior to the marriage for it to be valid
  • It has invalid provisions. A prenuptial agreement can cover many things, but it cannot determine items such as child support and it cannot violate the law
  • The information is incomplete or false. The income, liabilities and assets of both spouses must be fully disclosed in order for the agreement to be valid

Seek Independent Counsel for Your Prenuptial Agreement

Another reason why your agreement may not be valid is because you did not seek independent counsel. Because both spouses are individuals with separate interests, each party must have his or her own attorney for the agreement to be enforceable.

Speak with a Family Law Attorney at Whitmarsh Family Law, PC

If you are considering entering into a same-sex marriage with a prenuptial agreement or are disputing an existing one, it is important to speak with an experienced attorney at Whitmarsh Family Law, PC to protect both your current and future interests.

We invite you to call us at Whitmarsh Family Law, PC at (310) 552-3505 to speak with an accomplished prenuptial agreement lawyer today.

Whitmarsh Family Law, PC

1900 Avenue of the Stars, Suite 1800 B
Los Angeles, CA 90067
310-552-3505
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