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Can I Benefit from A Prenup in A Same-Sex Marriage? Here Is Some Expert Advice from A Miami Family Law Attorney

On Behalf of | Nov 5, 2019 | Firm News

The state of Florida has now legalized same-sex marriages. This is great news for people in same-sex relationships who want to make the commitment of a legal marriage ceremony. However, it also raises the issue of prenuptial agreements. Any Miami family law attorney will tell you that prenups have been common in heterosexual marriages for years. However, they could also offer same-sex couples many benefits. A prenuptial agreement usually helps in the division of assets should the couple divorce. However, it can also help in the clarification of key legal issues, such as powers of attorney. Drafting a prenup can help both partners communicate what they expect from their marriage before it takes place.

Is There A Stigma Around Prenuptial Agreements?

It is fair to say that, at one time, prenuptial agreements had a certain stigma surrounding them. However, over the last few years, that stigma has diminished. Actually, more couples are making appointments with their family attorneys in Miami to make these contracts. Young Millennials of both genders are now opting for a prenup before making the commitment of marriage. Perhaps this is because both partners share financial responsibility more equally in today’s marriages. Or, perhaps, it is because many Millennials grew up in families where divorces were commonplace. Either way, modern couples are approaching their prenuptial agreements with a practical viewpoint, not an emotional one.

What Is Involved in A Prenup?

Prenuptial agreements encompass many topics. Some common points, however, include:

  • How you will settle your financial assets in the event of a divorce.
  • The liability for the debts of each spouse.
  • How the court will distribute property after the death of one of the partners.

Some same-sex couples are choosing to add details about investments in particular projects or filing taxes. You can also use prenuptial agreements to protect family heirlooms, inherited property, and business assets.

Is There Anything That Is Not Included in A Prenuptial Agreement?

Although you can include many things in a prenuptial agreement, there are some things that you cannot. Generally, you would not include details about personal matters. Also, a prenup will not cover the details about the custody of any children from the relationship. Nevertheless, an agreement that is well-crafted can help same-sex couples to solidify their responsibilities, expectations, and financial goals before marriage. This will help them to have a clear way forward through the years to come. Also, in the event of a divorce, there will be no difficulties and arguments to face.

Are You Ready to Draw Up Your Prenup?

Are you are looking for a Miami family law attorney to draw up your prenuptial agreement before your same-sex marriage? Thomas McDonald Law is your number one family law attorney in Miami. We can help you and your partner to craft a prenup that outlines all your expectations before your big day. Contact us today to find out how we can get your marriage off to the best possible start.