Same Sex Prenuptial Agreement Lawyers in Los Angeles
At Whitmarsh Family Law, our Los Angeles, California attorney has represented same-sex couples in many capacities for nearly a decade. California’s progressive approach to family designations expanded in 2008 when same-sex marriages were initially deemed legal before licenses were halted until 2013. The United States Supreme Court ruled in Obergefell v. Hodges, 576 U.S. in 2015 that same-sex marriage was legal, creating marriage laws in all fifty states that protect the rights of couples throughout the country.
The legality of same-sex marriage is no longer in question in the United States. However, the facts and financial figures that relate to a divorce or dissolution of marriage differ in each state, including California. Our Los Angeles family law attorney can help you and your partner ensure each person, and your family, is protected from potential harm through a binding same-sex prenuptial agreement should the relationship end.
Same-Sex Prenuptial Agreements in California
Our preemptive handling of same-sex family matters allows our attorney to deliver full-service legal representation to all, including those in need of same-sex prenuptial agreements in Los Angeles and all Southern California.
Because of the fluctuating laws in California, same-sex couples may be involved in lengthy relationships that did not include a legal acknowledgment and co-ownership of their overall financial dealings.
This can include, but is not limited to, shared:
- Property/Assets: Houses, cars, and possessions
- Financial Savings: 401(k), pensions, and benefactor policies
- Debts: Credit cards, personal/student loans, and IRS liens
- Alimony or spousal support
- Estate plans
It can also include a detailed outline of responsibilities involved in the marriage, including:
- Putting one of the married party through school
- Prospect of one of the married party leaving work to raise children
- Household spending and debt management
- Savings contributions
- Management of joint bank accounts
- Incomes and deductions for tax filings
Developing full transparency is important for couples who are just starting out, and those who have been sharing their lives together for decades. The distribution of these assets, and debts will be determined by the agreement you have in place should your marriage dissolve at any point going forward. At Whitmarsh Family Law, our experienced same-sex prenuptial agreement attorney can help minimize confusion and duress should the relationship conclude.
This transparency can include components that are not shared between you and your partner, and will remain separate from marital inclusion, like:
- Separate property
- Business ownership
- Family property
- Children from a previous relationship or marriage
Legal Requirements for a Same-Sex Prenuptial Agreement in California
Because of the U.S. Supreme Court’s ruling in favor of same-sex marriage, the legal requirements to acquire a prenuptial agreement are like that of an opposite-sex couple.
One significant difference is same-sex couples who are in a domestic partnership do not need to meet the same residency requirements as heterosexual couples. If you an existing domestic partnership or existing legal contract that should be taken into consideration before your marriage, our same-sex prenuptial agreement lawyer can help you streamline the elements to ensure its legality going forward.
The prenuptial agreement will include:
- Both parties giving full, valid consent to the terms and conditions of the agreement
- Present and future property rights, debts and assets
- Full disclosure of property and finances
- Ample time for an alternate attorney to review the agreement, where applicable
Terms of a same-sex prenuptial agreement, like that of opposite-sex prenuptial agreements, do not include:
- Child support payments or amounts
- Child custody agreements
- Family concerns involving personal matters, like where you stay during the holidays
- Anything illegal or unfair
- Forfeiture of alimony
- Lifestyle clauses, including infidelity
At Whitmarsh Family Law, our Southern California lawyer will devise a specific same-sex marriage prenuptial agreement that meets your family’s unique needs. We do not provide cookie-cutter legal services and appreciate that everyone’s assets, debts, and ownership scenarios are exclusive to their family’s composition. We can help you too, with a simple phone call to our offices today.
Legal Guidance for Same-Sex Prenuptial Agreements in California
Prenups can be changed, even after they are signed or in existence over an extended period, with the consent of both parties. Life changes, and so do the responsibilities and growth families experience as the years go by.
If you have an existing same-sex prenuptial agreement and would like to take a fresh look at the terms associated with a marriage’s growth and what it means if a dissolution does occur, we can help.
Prenuptial agreements can change if:
- Both parties fully agree to a change in terms
- All changes are made in writing
- The final agreement is accompanied by each party’s signature
Call Our Same-Sex Prenuptial Agreement Attorney in Los Angeles, CA Today
If you and your partner are considering a same-sex prenuptial agreement, contact our Los Angeles same-sex prenuptial agreement attorney at Whitmarsh Family Law today at (310) 552-3505. Our experience and commitment to ensuring individuals have exceptional legal contracts in place can help you and your partner develop a trustworthy cornerstone that is binding before you marry. This safeguard provides more than financial foresight; it delivers a responsible approach to caring for each other going forward. Call us today to discuss your personal and combined needs, and we will schedule a free consultation to develop a clearer vision of your joint approach to happiness.