Same Gender Marriage and Prenuptial Agreements

Prenuptial Agreements are particularly important for same gender marriages. That may not make sense, because what could the difference be? Assets and debt are the same for everyone. Read on to find out what the key reason is, and it has little to do with your finances.

Here in New York City, same sex marriages are a large percent of the annual marriage rate. The fact that new gender equality laws in New York have allowed same sex couples to (finally) utilize the same legal system, rights and processes that heterosexual couples use speaks to a society that is evolving.

However, here’s the clincher. It’s really not the same everywhere. We hate to tell you that because this city we love so much is so inclusive, progressive, and open. We probably don’t need to tell you; living in NYC, we can get a view of the world in a bubble and assume that regardless of where we go, being married and same sex, the divorce process would be the same anywhere. NOT AT ALL. At the present time, there are 31 states which have not legalized same sex marriage while there are only 13 states which do allow same sex marriage.  We give you the same advice we give to anyone: If you and your partner are getting married, it is in both of your best interests to design and enter into a prenuptial agreement. 

If the two of you move from the same state where you were married, it can become extremely difficult for you to obtain a fair and equitable separation of property and assets. I know, we can’t imagine leaving New York City, let alone the state, either. However, believe it or not, it does happen. And sometimes, divorces get held up simply because there is no legal jargon that applies to same-gender marriage and you end up spending unnecessary hours and money in court.

The #1 reason- the main risk - that a same-sex couple exposes themselves to if they are married in NYC without a prenuptial agreement is a very scary situation to imagine- losing their child custody rights.

It’s awful, but it’s true. Not every state and Judicial system has moved out of the dark ages when it comes to marital laws, but they are moving forward. However, if for some reason you and your spouse find that it becomes mandatory that you move to a state whose laws and statutes differ from New York, you could find yourself in hot water. If you and your partner have children, or plan on having children one day, you may have difficulty determining custody and parenting time because of the legal differences from state to state. You can’t assure you will always live in NYC, and if you move, with your children, to another state, you are putting your family and having control of what happens to your children at risk. Should you and your partner get divorced, you might assume that you and your partner will be able to talk through it and figure it out together- so you wouldn’t need a prenuptial agreement. That may be the case, but it doesn’t matter much since you actually aren’t assured that the state won’t step in and make rulings about your custody and visitation of the children regardless of what you work out together.

It would be in each of your best interest to set the framework in the event of divorce so that if that time should come, neither you nor your partner become a victim of the changing and conflicting laws. Your children would become casualties of a system and of the minutia of legal statutes that vary from state to state. That would be an awful tragedy that we would not want anyone to endure. Let us help keep your family and your finances in your control, and not in the hands of the state any longer. Here at NYC Prenup, we understand that struggle, and are here to help 100%. We can’t wait to help you on your journey to the wedding, and getting the prenuptial agreement finalized is a big step in that process.

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