Planning for Same-Sex Marriage

 Posted on November 26, 2014 in Family Law

The battle to legalize same-sex marriage has been ongoing for years, perhaps decades, and is just starting to be realized with laws going into effect in multiple states across the country that support marriage equality. Many advocates of gay marriage surely view these recent advancements as achievements, but even aside from the states that have not legalized gay marriage, this recent legal shift is presenting other challenges and issues to address.

Essentially, the legalization of gay marriage also involves the application of other legal concepts to the marriage that also apply to heterosexual couples. Some areas of law are not yet amended or modified to properly address the issue of gay marriage, but others are and can likely readily be applied. For example, current divorce laws may fall short in many aspects when applied to same-sex couples, but same-sex couples should not have a problem entering into a valid prenuptial agreement.

Prenups for Same Sex Couples

While the legalization of same-sex marriage has been considered a victory by many advocates for marriage equality, other aspects of family law relevant to the topic may not stir up such positive emotions. Realistically, discussing topics such as divorce and premarital agreements may not be as desirable as fighting for marriage equality, but they are realistic and practical aspects related to the topic nonetheless. According to a recent article, some advise same-sex couples to seriously consider entering into a prenuptial agreement prior to getting married.

Although it may not be the most idealistic option for a couple just gaining the right to marry, many experts are saying that prenuptial agreements should be a serious consideration for same-sex couples planning to get married. Prenups are especially relevant to same-sex couples who have been together for many years prior to marriage and may have accumulated a significant amount of assets during the relationship. For couples in this situation, prenups are usually a smart and logical choice. They offer an added layer of protection for couples in the event of divorce, or even death - specifically in states where the time same-sex couples spent before marriage may not be taken into account in certain circumstances.

In addition to addressing asset concerns and property division, prenuptial agreements can also address other issues such as child custody. The agreement can apply to a child the couple adopted or had prior to their marriage and can also address what a surviving spouse is entitled to in the event of death.

Family Law Attorney

Prenuptial agreements are only one of the many areas of family law with which an experienced attorney can assist his or her client and offer expert advice. Contact the Wheaton family law attorneys at the Davi Law Group, LLC today to schedule a consultation to discuss your matter with one of our family law attorneys. We have offices located in Warrenville, Wheaton, and Chicago.