Prenuptial Agreements For LGBTQ Couples

Same-sex marriage is now legal across the country, which means that gay and lesbian couples can finally enjoy the legal protections and status that marriage affords. And while no one likes to think about it, they also have legal protections if divorce ever becomes necessary.

That being said, divorce can be messy for any couple. That's why it is a smart idea to define the terms of marriage and divorce before tying the knot. This may be especially important for members of the LGBTQ community, many of whom gained significant personal assets prior to being allowed to marry.

What Can A Prenuptial Agreement Do For You?

Contrary to popular belief, a prenup is not a "romance killer" or a sign that you are expecting to get divorced. Rather, it is more like car insurance. You never plan to get into a crash, but you need to be prepared in case you do.

Put simply, a prenuptial agreement specifies how property and assets will be divided in case a couple ever gets divorced. In other words, it defines which property is marital property and which is considered separate property. If each spouse comes in with personal assets that they want to protect, a prenup is the way to do so.

Prenuptial agreements can also help couples define and communicate their expectations during marriage. So-called "lifestyle clauses" are becoming increasingly popular. For instance, some agreements state that if one spouse commits infidelity, the other spouse is entitled to a certain financial award to be paid by the cheating spouse.

Even if lifestyle clauses are not for you, a prenuptial agreement is still an important way to set the terms of divorce and property division, if either ever becomes necessary.

Things To Consider When Pursuing A Prenup

Any contract is only worthwhile if it is enforceable. And for a prenup to be enforced, it must generally be:

  • Clearly and carefully drafted
  • Fair and equitable to both parties
  • Presented to your future spouse well before the wedding
  • Presented and signed with no evidence of coercion or fraud
  • Carefully reviewed by each party, preferably with his or her own attorney

Ideally, you and your future spouse will draft the document together with the help of an attorney. But if only one partner drafts it, both must carefully read it and understand it before signing.

Interested In Drafting A Prenuptial Agreement?

At Kenneth E. Keechl, PA, we are ready to help you draft a clear, effective prenuptial agreement that will protect you and your future spouse in the event of divorce. As an openly gay lawyer, Kenneth Keechl understands how to craft these agreements in ways that reflect the unique circumstances of the LGBTQ community.

Our firm is located in Wilton Manors, and we proudly serve clients across Florida. To schedule a consultation, call us at 954-271-0667, or send us an email.