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UNDERSTANDING PRENUPTIAL AGREEMENTS FOR LGBTQ+ COUPLES

UNDERSTANDING PRENUPTIAL AGREEMENTS FOR LGBTQ+ COUPLES

Since the 2015 decision of the Supreme Court in the US, same-sex couples have been able to marry in all 50 states legally. This has been a huge victory for the LGBTQ+ community. Now, the law is beginning to change to better fit the needs of LGBTQ+ couples.

With this in mind, you and your partner may have decided to get married. But while you are busy getting ready for your big day, you might not think about one of the most important things you can do for your future: getting a prenup.

It might not sound romantic, but having a prenup can make all the difference, especially for LGBTQ+ couples. It is a good idea to consider at least getting a prenuptial agreement.

Prenuptial agreements are quite intricate, especially for LGBTQ+ couples, and to make sure you protect your rights, getting a matrimonial attorney in NYC is great. To clarify this subject, here is some great information you should know.

What is a Prenuptial Agreement (Prenup)?

A prenup is a contract that a couple makes before getting married. It sets out how things will work out if they decide to get divorced in the future. In other words, a prenup is a legally binding agreement between two people that outlines who owns what, who owes what, and who gets what in the event of a divorce.

It will decide who gets what and how their assets are divided up. It could also decide how to divide up their debts or who pays their spousal support. A prenup is highly recommended if either one or both LGBTQ+ couples have a lot of property, kids from another marriage, are supposed to inherit a ton of money, have lots of income, or want to make sure all the problems are taken care of right away.

There is a lot to consider when it comes to prenups, so make sure you tailor them to your needs. You will need to know what marital and separate properties are. You will also need to figure out how you will divide up the property, how you will divide the debts, who will get the support, who will own any business, and how you will split up the household expenses during the marriage.

A matrimonial attorney in NYC can help you determine what to include in your prenup.

Does a Prenup not spell doom for the LGBTQ+ marriage?

Just because you are an LGBTQ+ couple does not mean you have to go through the same stigma of a prenup. Just like the straight community, a lot of people think that getting a prenup is a sign that your relationship is over (which is not true). Getting a prenup is not a sign that you do not love each other or trust each other.

It is just a way for you to protect your marriage. With a prenup that covers both needs, you can ensure you are ready for whatever comes next. When LGBTQ+ couples did get prenups, they were not respected like heterosexual couples. Before the 2015 Obergefell v. Hodges ruling, some states did not recognize prenups by LGBTQ+ couples.

Indiana was one of such states. Luckily, it is no more like that, and your prenup should be recognized in every state. That is good news because prenups are meant to keep both sides of a marriage safe, not predict the future like some people think. A prenup is a legal agreement that protects both sides of the marriage.

It can be used to name your assets, decide who gets your stuff, protect your family business, and more in the event of a divorce. It is meant to ensure that whatever you and your partner agree on is respected so that the court has no jurisdiction over the terms.

Talking about a prenup with your partner can be confusing and filled with many uncertainties, but with the help of a matrimonial attorney in NYC, you can get a prenup without stress.

Is Prenup a good idea for LGBTQ+ couples?

With a prenup, you get the legal protection you need before marrying your partner. Prenups can be seen as “unromantic” by some, but the truth is that getting a prenup is the first step to making sure you are honest and open with your partner.

It is a great way to make sure you are both looking out for each other’s best interests in the future. If you are an LGBTQ+ couple, there are a lot of reasons why you should consider getting a prenup.


  1.       Help LGBTQ+ couples to know individual property and offer financial protection.

Prenuptial agreements let you decide what you mean by “separate property.” This means the stuff you bring into your marriage. For example, if you have a lot of money, a business, or an inheritance, you can ensure your partner does not share those personal assets during divorce.

This can be especially helpful for LGBTQ+ couples who get married later in life. You might have already built up a lot of wealth or got your career off to a good start, so a prenup can ensure those assets stay with you. A prenup will usually show how some of your assets will be split up during divorce.

If you make these decisions before you get married, you can ensure that each of you will have the money you need in the long run. It can also ensure that any assets you owned during your relationship before you married will be shared properly. It can also protect the assets you brought into your marriage, like investments or property, so you do not get into a messy divorce.


  1.     Prenup protects kids of LGBTQ+ couples from another relationship

If you and your partner have kids from another relationship or if only one of you is the parent of a kid, you can use a prenup to make sure your kids have the stuff they need. You might agree to put some of your assets away for kids instead of splitting them up when you divorce.


  1.      It saves you from wasting lots of money.

If you and your partner have a prenuptial agreement, you can save yourself a lot of trouble if you get divorced. You can plan ahead and figure out how to handle any issues so you don’t have to fight in court and spend a lot of money.


  1.     It can help you agree on some financial issues.

A prenuptial agreement can help you figure out how to handle some financial issues. It can set out rules and expectations about who gets to control certain assets and who gets to make financial decisions. This way, you can avoid any arguments that could cause the marriage to end. It can also help make your marriage stronger.

A well prepared prenup can help LGBTQ+ couples resolve a lot of issues before they even come up. A matrimonial attorney in NYC can advise you on what to include in your prenup.

Can a prenup be worthless?

If you have a prenup, it is important to know that it needs to be in writing to be legally valid. Common issues that can make a prenup invalid and worthless include:

  1. Pressure on one spouse (even if it is not forced),
  2. Incorrect information,
  3. Lack of independent counsel, and
  4. Invalid provisions.

It is important to note that prenups can cover almost any aspect of your relationship, but they cannot determine things like child support or breaking the law. To make sure your prenup is valid, you need to have both LGBTQ+ couples sign it before they get married.

Why Should You Get an Attorney to Prepare Your Prenup?

If you are thinking about getting married to your LGBTQ+ partner, getting a matrimonial attorney in NYC who knows how to write prenups that will not get thrown out is a good idea. A prenup cannot be legally enforced if neither of you can rely on the stuff you agreed to before you got married.

So, if you are thinking of getting married, a great way to start is to talk with a matrimonial attorney in NYC who knows what they are doing when it comes to prenups for LGBTQ+ couples.

Get Help!

If you are in an LGBTQ+ couple, it is important to get the right help to sort out your prenuptial agreement before you get married. At Gehi and Associates, we can help you draft, supervise, or review prenuptial agreements as your own independent attorney.

We specialize in family law for LGBTQ+ couples and straight couples, so we have lots of experience in making sure prenups are accurate and legally binding. Get in touch with us now to get the help you need!

FAQs

  • What is a prenup?

A prenup is a legally binding agreement between two people who are getting married. It outlines who gets what and what kind of money they have in the event of a divorce or death. It also helps you avoid state laws that say what happens to your property if you divorce or die.

  • Is having a prenup not a bad idea?

No, it is not. Getting a prenup is not a sign that you do not love each other or trust each other. It is the first step in ensuring you and your partner are honest and open with each other. It is a good way to ensure both of you have each other’s back in the future.

  • Why should LGBTQ+ couples consider prenup?

If you are an LGBTQ+ couple, there are a lot of good reasons to get a prenup. It makes it easier to understand who owns what, gives you peace of mind, protects LGBTQ+ couples’ children from other relationships, saves money, and more.

  • What can’t be included in a prenup?

There are many things you can agree with your partner and state clearly in your prenup, but the prenup must not contain anything that encourages divorce, decides who gets custody of kids or child support, or includes any terms that are against the law.

  • Can LGBTQ+ couples get a prenup after marriage?

Sadly no! You have to sign a prenup before you get married. If you want a contract with your partner after marriage, you can get a postnuptial agreement (postnup). A postnup is not as popular in all states. So, getting a prenup when you can is the best way to protect your assets.

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