The Effect of Prenuptial Agreements on Same-Sex Marriages

By Gerald A. Maggio, Esq.

Gay marriage and domestic partnership attorneys in Los Angeles Orange County California; California Divorce AttorneysEver since same-sex marriage was legalized in every state in the US, many questions have been asked related to the laws for same-sex marriage. Many same-sex couples have often raised the question of a prenuptial agreement and whether one should opt for it. A prenup is an agreement where individuals in a marriage have the right to declare a part of the entire asset as separate property. The other spouse has to agree to the arrangement too before it can be put into effect. A prenuptial agreement safeguards a person against unequal or unnecessary property division during divorce. It is an excellent tool for protecting oneself against financial damage. But what are its effects on the relationship and marriage?

Strengthens the marriage

Contrary to popular belief that prenups result in divorces, the agreement can actually be beneficial if both parties agree with each other. A relationship is based on trust, but that does not mean one should go through financial loss for that. Joint property may not be in your hands but the separate property is and it is your job to protect it. A prenup does not mean that property and finance are the most important thing in a marriage. It only means that both individuals should be aware other possesses. If anything, it makes the marriage more transparent.

It helps face reality

Unlike heterosexual couples, same-sex partners stay in a relationship for a longer time. Unlike the former, the latter finds it difficult to go into another relationship after the first ends. A prenup is a reality check as to what lies ahead. When couples are aware of what the future can be like, they become more dependent on their partner. It helps improve the marriage and allows both members to be more amicable towards each other.

A prenuptial agreement is not a bad thing as most people think it to be. It is a declaration of separate property in case a divorce takes place. It is important for same-sex couples because they stay in a relationship for a longer time than their heterosexual counterparts. When they understand what lies ahead of them, they try to keep the marriage going. A prenup is the best guard against financial damage and property loss. But for the same-sex couples, it is more than just a protection; it is a means of coming closer to each other and making the marriage work.

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