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Why same-sex couples need a prenuptial agreement

There's really no better way to kill a romantic evening than to mention the words "prenuptial agreement." Engaged couples want to focus on planning a future together, not preparing for one apart. For years, how to bring up the subject of a prenuptial agreement was not one with which same-sex couples had to contend. With same-sex marriage becoming legal across the country, same-sex couples may want to say "I do" to a prenuptial before saying it to each other.

A prenuptial agreement is, in essence, a legal document that dictates how property and finances will be divided in the event of a divorce. According to Forbes, many same-sex couples getting married today have been together for a long time. Both partners tend to have established careers, own property and also bring some debt (e.g. school loans or maxed out credit cards) to the table. In short, they are entering marriage with significantly more assets (and debts) than a couple who has only been together for a few years.

If the couple does eventually get divorced, a prenuptial agreement can save both partners time, money and mental anguish as they do not have to go to court to argue over the division of every nickel and dime. Without a prenuptial agreement, your property and assets may be divided in accordance with the laws of your state. And that is where the situation can get really complicated.

A prenuptial agreement can help avoid problems with custody, alimony, division of assets and other issues that arise in the event of a divorce. If you are heading down the aisle, you may want to seek help from an attorney experienced with matters pertaining to same-sex marriages before finalizing a prenuptial agreement.


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