Since the Supreme Court ruled in favor of same-sex marriage in the United States in 2015, the right to legally marry has been granted to same-sex partners in all 50 US states. This has been a major victory for LGBTQ+ couples in the US. Now, over time, the law of the United States is beginning to adapt to better accommodate LGBTQ+ couples’ needs.
You and your LGBTQ+ spouse may have decided to get married, but while you are preparing for your wedding day, you may not be thinking about the most important thing you can do to protect your future: i.e., getting a prenuptial agreement.
It may not sound very romantic, but getting a prenup is one of the most important things you can do to protect your rights, especially as an LGBTQ+ couple.
It is a good idea to consider getting at least a prenup. Prenuptial agreements can be very complicated, especially for LGBTQ+ couples, so it is a great idea to get a matrimonial attorney in Bronx to help you protect your rights. Here is some important information about prenuptial agreements for LGBTQ+ couples.
The meaning of prenup
A prenup is a contract between a couple that outlines the terms of their marriage if they decide to divorce one another. In other words, it sets out the terms of what each spouse will own, who will owe what, and how each spouse’s assets will be distributed. It may also specify how each spouse will pay their debts and who will provide child support.
Prenups are highly recommended for LGBTQ+ couples who have a large amount of property, children from a previous marriage, inherit a large amount of money, have a large income, or want to get rid of all the issues right away. There are many factors to consider when creating a prenup, so ensure that it is tailored to your specific circumstances.
Before preparing a prenup, you will have to consider the following:
- What is marital property?
- What is separate property?
- How will the property be divided?
- How will debts be divided?
- Who will receive the support?
- Who will own any business?
- How will household expenses be divided during the marriage?
A matrimonial attorney in Bronx can help you determine what needs to be included in your prenup contract.
Does a prenup not mean the marriage will not work?
LGBTQ+ couples don’t have to deal with the same stigma that the straight community does. Like the heterosexual community, many people view getting a prenuptial agreement as a sign that the relationship is going to come to an end (which it isn’t). A prenup is not a sign that the couple doesn’t love or trust one another.
It is simply a way for the couple to protect their marriage. A prenup covers both parties’ needs and ensures the couple is prepared for whatever happens next. LGBTQ+ couples didn’t always receive the same level of respect as heterosexual couples when they got prenuptial agreements.
In the years before Obergefell, some states didn’t recognize LGBTQ+ prenups. Indiana, for example, was one of those states. Fortunately, this is no longer the case. Prenuptial agreements will be respected in all states. That is good news because they are designed to protect both parties to a marriage, not to predict the future.
A prenuptial agreement is a legal document that protects both spouses in the event of divorce. A prenuptial contract can name your assets, determine who gets your property, safeguard your family business, and more.
The purpose of a prenup is to ensure that the terms of the agreement between you and your spouse are adhered to so that the court does not have jurisdiction over them. Prenuptial agreements with your spouse can be confusing and full of ambiguities, but with the guidance of a matrimonial attorney in Bronx, you can obtain a prenup for peace of mind.
Why should I get a prenup?
A prenuptial agreement is a legal document that provides you and your partner with the protection you both need before you marry. Some may view prenuptial agreements as “unromantic,” but the reality is that it is the first step in forming an honest and open relationship.
Prenuptial agreements are a great way for you and your partner to ensure that you have each other’s best interests at heart. If you are in an LGBTQ+ relationship, there are many reasons why you will want to consider getting a prenup.
To identify assets and protect your money.
A prenuptial agreement allows you to define what “separate property” means. This includes the assets you bring into the marriage. For instance, if you own a large sum of money, an established business, or inheritances, you can ensure that your partner doesn’t share these personal assets during a divorce.
This is especially useful for same-sex couples who marry later in their lives. For example, you may have already accumulated a large wealth or established a successful career, so you can ensure that these assets remain in your possession during a divorce.
A prenuptial agreement typically outlines how certain assets will be divided in the event of divorce. By making these decisions before marriage, you can ensure that each spouse will have the financial security they need for the long term.
It also ensures that assets owned during the relationship but not before marriage will be shared equitably. It also safeguards assets brought into the marriage, such as investments or real estate, to avoid a messy divorce.
Kids from other marriages can be protected with a prenup.
A prenuptial agreement can be used if you have children by another partner or if you are the sole parent of a child. For example, you may agree to set aside a portion of your assets for children instead of dividing them when filing for divorce.
Unnecessary expenses will be avoided.
You can avoid a messy divorce if you and your spouse have a prenup. You can strategize ahead of time and come up with solutions to any problems that arise, so you don’t have to go to court and waste a lot of money.
It helps you settle money issues ahead of time.
Prenuptial agreements can guide how to deal with financial matters. They can establish rules and expectations regarding who will have control over assets and who will be responsible for making financial decisions. This can help prevent arguments that could lead to the dissolution of the marriage.
A prenup also strengthens the marriage. A well-written prenup helps LGBTQ+ couples address many issues before they arise. A matrimonial attorney in Bronx can guide what to include in a prenup.
What can invalidate a prenup?
If you already have a prenuptial agreement, you should know that it must be in writing for it to be valid under the law. Some common problems that can invalidate and/or render worthless your prenup include:
- Pressure on one partner (even if not physical force),
- Misleading information,
- Lack of independent advice,
- Invalid provisions
Prenuptial agreements can cover almost any part of your relationship. However, they cannot determine things such as child support or whether you will break the law. Both LGBTQ+ couples must sign a prenuptial agreement before getting married.
Why should an attorney prepare the prenup?
If you are considering getting married to your same-sex partner, hiring a matrimonial attorney in the Bronx who can write prenuptial agreements that don’t get annulled is a smart move. Prenuptial agreements cannot be enforced unless the terms of the agreement can be relied upon by both parties.
So, if you are thinking about getting married, the best place to start is with a matrimonial attorney in Bronx who focuses on LGBTQ+ prenups.
If you are in a same-sex relationship, it is important to find the right attorney to help you settle your prenup before you tie the knot. At Gehi and Associates, we can help you prepare, manage, and review a prenuptial agreement. We focus on details to avoid any confusion.
We are experienced in helping LGBTQ+ and straight couples with any legal issues. We have lots of experience ensuring prenups are correct and legally binding. Reach out to us now to get the help you need!
1. How does a prenup work?
A prenuptial agreement is a contract between spouses that stipulates the terms of their marriage and stipulates the division of assets. It can also help you clarify the amount of money each party is entitled to receive if the marriage ends in divorce or the spouse’s death. It also avoids state laws that dictate what happens to property if the marriage is dissolved or the spouse passes away.
2. Should I get a prenup?
Yes, you should. A prenuptial agreement doesn’t mean you don’t love or trust your partner. It is the first step in establishing trust and honesty between you and your partner. A prenup is a great way to ensure that you both have each other’s back in the future.
3. Can I prenup everything I want?
There are many things that you and your spouse can agree on and state in your prenuptial agreement. However, a prenuptial contract cannot include terms that encourage divorce. It cannot determine custody of children, child support or include terms that are prohibited by law.
4. Can I still get a prenup if I am married?
No. You must sign a prenuptial agreement before your marriage. If you seek a contract with your spouse after your marriage, you can obtain a postnup (postnuptial agreement). Postnuptial agreements are not as common as prenuptial agreements in many states. Therefore, the best way to safeguard your assets is to get a prenup as soon as possible.
5. Is a prenup a good idea for LGBTQ+ couples?
Yes, it is. There are many benefits to getting a prenuptial agreement for an LGBTQ+ couple. For example, it makes it easier to determine who owns what, it provides peace of mind, it protects LGBTQ+ couples’ children from other partnerships, and it saves you money.