The Importance of a Same-Sex Prenuptial Agreement
Discussing a prenuptial agreement may not be the most romantic conversation you will have when speaking with your partner about marriage, but it is one of the most important ones.
Now that over a year has passed since the Supreme Court has made same-sex marriages legal in all states, an increased number of same-sex couples are tying the knot. But what many of these couples do not realize is that a prenuptial agreement may be essential in protecting their financial future.
Protecting Your Future With A Prenuptial Agreement
There are hundreds of same-sex couples who, because of national and state laws, have not had the opportunity to say “I do” until very recently. During their years together it is likely that the couple have acquired substantial assets, such as vehicles and a home. Most have made financial arrangements in the event of a separation, and many couples have also had, or adopted, children during their relationship.
If you have since gotten married and are now planning for a divorce, it is important for both of you to understand that without a prenuptial agreement in place, only the assets which were acquired during the duration of the marriage would typically be considered as “marital assets” (assets which are subject to an equal distribution in the event of a divorce). This puts both partners at a financial risk.
However, if both partners agree to a prenuptial agreement prior to their marriage, both have the opportunity to state exactly how they want the assets they have acquired during their entire relationship divided should their marriage end in a divorce.
Receiving Independent Legal Counsel
Having a same-sex prenuptial agreement not only makes the divorce process less stressful, it also makes the process less costly. Rather than needing to hire an attorney to fight for which assets you believe are rightfully yours, everything will be spelled out in the prenuptial agreement, something which is substantially less expensive than a lengthy battle with your soon-to-be ex-spouse.
Whitmarsh Family Law has counseled same-sex couples in the Los Angeles area for a number of years. We have helped numerous couples negotiate and agree to clear, loving, and fair prenuptial agreements that will stand up well to any challenges which may arise in the event of a divorce.
We invite you to contact Whitmarsh Family Law for a free consultation about same-sex prenuptial agreements today at (310) 552-3505.