Lesbian, Gay, Bisexual, Transgender Divorce and Prenuptial Agreements
Ending your marriage is difficult. Following the U.S. Supreme Court ruling that legalized LGBT marriage, many gay couples rushed to the altar, thrilled to finally be afforded the same basic rights as heterosexual Americans.
But what makes these marriages different, isn’t the fact that they are same-sex– it’s the reality that many of these individuals, while seeking to legalize their union, have been together and well established in life, carrying their financial asset or debts with them down the aisle.
Many same sex couples have been committed for years. They have individually established their own careers, businesses, perhaps have equity in a house, thriving investments, or maybe lingering debts. They may even own rental property together. So while the urge to rush into a marriage may seem appealing, a little planning is crucial.
Most couples do not say “I do” with the expectation that their marriage might end, however the reality is that no relationship is immune to divorce. It is important to protect the assets you’ve spent your life accruing, and this can easily be taken care of with a prenuptial agreement.
Now that same-sex marriage has been legalized nationwide, many couples who have been waiting for decades feel the urge to be married immediately. Usually it is better to get your affairs in order first. Consider seeking legal advice from a family law attorney who can explain prenuptial agreements, alimony, child support and other issues that can arise in the case of a divorce.
Discussing a prenup your significant other can be awkward and frustrating, but many couples who have the agreement in place actually tend to get along much better. The security of understanding that each spouse is financially and legally protected relieves stress, especially in the face of divorce, when people sometimes try to take advantage of one another. Have a conversation with your bride or groom-to-be, and your family law attorney, about safeguarding your future.
If in fact you have reached the stage of divorce without a prenuptial agreement, all is not lost. Due to the nature of community property vs. separate property laws in the State of California and the fact that all separate property transferred to community property after marriage is affected by the laws of transmutation, many of the assets you came into the marriage with can be recovered.
But what makes these marriages different, isn’t the fact that they are same-sex– it’s the reality that many of these individuals, while seeking to legalize their union, have been together and well established in life, carrying their financial asset or debts with them down the aisle.
Many same sex couples have been committed for years. They have individually established their own careers, businesses, perhaps have equity in a house, thriving investments, or maybe lingering debts. They may even own rental property together. So while the urge to rush into a marriage may seem appealing, a little planning is crucial.
Most couples do not say “I do” with the expectation that their marriage might end, however the reality is that no relationship is immune to divorce. It is important to protect the assets you’ve spent your life accruing, and this can easily be taken care of with a prenuptial agreement.
Now that same-sex marriage has been legalized nationwide, many couples who have been waiting for decades feel the urge to be married immediately. Usually it is better to get your affairs in order first. Consider seeking legal advice from a family law attorney who can explain prenuptial agreements, alimony, child support and other issues that can arise in the case of a divorce.
Discussing a prenup your significant other can be awkward and frustrating, but many couples who have the agreement in place actually tend to get along much better. The security of understanding that each spouse is financially and legally protected relieves stress, especially in the face of divorce, when people sometimes try to take advantage of one another. Have a conversation with your bride or groom-to-be, and your family law attorney, about safeguarding your future.
If in fact you have reached the stage of divorce without a prenuptial agreement, all is not lost. Due to the nature of community property vs. separate property laws in the State of California and the fact that all separate property transferred to community property after marriage is affected by the laws of transmutation, many of the assets you came into the marriage with can be recovered.
Should you need representation in a divorce or drafting a prenuptial agreement please contact my office.