As you and your partner plan for your wedding, you have a lot of things to think about: What will you wear? Who will be on the guest list? Where will the venue be? And more. As you make these decisions, you might also consider forming a prenuptial agreement. For all couples, prenuptial agreements can be extremely valuable. For gay couples, a prenuptial agreement may be even more important as, despite the law, gay couples are sometimes still discriminated against in divorce cases.
The Benefits of a Prenuptial Agreement
For all couples, the benefits of a prenuptial agreement are myriad. To be sure, a prenuptial agreement can be used to:
\Protect one spouse from the other’s debts;
Protect a family business or family assets and heirlooms;
Provide for children from other relationships (this is an issue that may affect gay couples who once were in heterosexual relationships/marriages);
To specify assets as marital or separate;
To ensure that a fair spousal support amount will be set; and
To provide a framework for what will happen in the event of a divorce or death of either spouse.
Forming a prenuptial agreement does not have to be contentious; in fact, because it is something that can be used to protect both parties, forming a prenuptial agreement can actually be an opportunity for compromise, problem-solving, and collaboration.
Issues that Cannot Be Addressed in a Prenuptial Agreement
While there are many things that can be addressed in a prenuptial agreement, including numerous different financial issues, there are also some things that cannot be included in a prenuptial agreement. This includes any provisions that are illegal or unconscionable, as well as any stipulations regarding child custody or support.
Do We Need a Prenuptial Agreement?
While most couples can benefit from a prenuptial agreement, whether or not you need one and should seek one is a personal choice. Things that may affect your decision to get a prenuptial agreement include:
- The amount of separate and marital assets you have;
- The type and quantity of family assets you have or stand to inherit;
- Whether or not you have any children from a previous marriage;
- Whether or not you or your spouse is bringing any debt to the marriage;
- Your financial independence; and
If you’re unsure about whether or not a prenuptial agreement is right for you, it’s best to consult with an experienced lawyer about your options.
Get Started by Calling the Law Office of Heather M. Ward Today
At the Law Office of Heather M. Ward, our Massachusetts premarital agreement and family law attorney knows that premarital agreements are often stigmatized, and that you may be hesitant to seek one. However, for all couples, especially gay couples, forming a premarital agreement can provide peace of mind and security as you move into the future. To schedule your consultation with Heather M. Ward, please send our law firm a message or call (617) 903-8955 today.