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Do Same Sex Couples Need a Premarital Agreement?

Posted on April 7, 2022

January 6, 2015 was a day that changed the lives of thousands of LGBTQ Floridians for the better. This was the day that the Florida courts officially recognized the rights of same sex couples to marry, a right that their heterosexual counterparts had enjoyed since our nation’s founding. With this change, Florida same sex couples now can experience all the financial and legal benefits that marriage affords.

The law treats same sex and mixed gender couples the same, so whichever type of couple you are, it’s important to consider whether signing a prenuptial agreement is right for you. While developing a prenuptial agreement is not exactly a romantic activity during your engagement, it is an important one that can help protect both you and your fiancé. Here are some reasons why you should consider a prenuptial agreement before tying the knot:

  • Developing a prenup forces both of you to openly and honestly discuss each of your finances. If either of you is keeping anything secret, it will need to come out in the open so you can start your marriage with a full understanding of your combined financial position.
  • If there is a significant disparity in wealth between you and your fiancé, a prenup can give a generous lump sum to the less wealthy spouse, making them feel valued, while protecting the remainder of the wealthier spouse’s assets. This is especially important if you are the wealthier spouse and you have children from a prior relationship so that you can protect their future inheritance.
  • If one of you carries debt, it will become both of your debt once you become married. If you later divorce, you may have to repay your spouse’s debt. However, a prenup can specify that the spouse coming in with the debt leaves with the debt.
  • If you own any cherished family heirlooms, such as jewelry, serving pieces, knick-knacks, etc., your fiancé may acquire them if you divorce. A prenup can specify which items are important to you and ensure that they remain yours.
  • Similarly, while you may define your pet as a family member, the courts define a pet as property. Therefore, a prenup can ensure that you maintain custody of your pet in the event of a divorce.

Is a prenuptial agreement right for you? There is no downside to learning about your options. If you are engaged, contact the family law practice of Troy Legal. We will discuss the pros and cons based on the specifics of your situation. We have helped thousands of couples and can even help you with suggestions about how to broach the topic with your fiancé. Call us today at (305) 514-0466 or (561) 910-4570.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

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Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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