Compassionate Family Law And Divorce Guidance

Prenuptial agreements may benefit same-sex couples

On Behalf of | May 2, 2019 | Family Law

With same-sex marriage now legal in Florida, many people are choosing to commit to their domestic partners through a marriage ceremony. Prenuptial agreements are fairly common for heterosexual couples, and they may also provide many benefits for homosexual couples. While these documents often help divide assets in the event of a divorce, they may also help clarify certain legal issues, such as powers of attorney. Crafting a thorough prenuptial agreement may help both potential spouses communicate their expectations of the marriage.

While there was often a stigma surrounding prenuptial agreements in the past, it has diminished in recent years. In fact, these contacts are becoming more common, especially among younger couples of all genders. The New York Times reports that many millennial couples are choosing to create prenuptial agreements. This may be because couples now share financial responsibility more equally than in the past and/or because a significant percentage of the millennial demographic grew up with divorced parents. In most cases, couples seem to approach prenuptial agreements from a practical standpoint rather than an emotional one.

A prenuptial agreement may encompass a wide variety of topics. According to FindLaw, some of the most common points include the settlement of financial assets upon divorce, liability for each spouse’s debt and property distribution after death. Same-sex couples may wish to include details on filing taxes or investing in specific projects. People may also use prenuptial agreements to protect their business assets, family heirlooms and inherited property. It is important to note that prenuptial agreements usually may not include details relating to child custody or personal matters. However, a well-crafted agreement may help same-sex couples solidify their financial goals, expectations and responsibilities throughout the course of the marriage.



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