Should Same-Sex Marriage Partners Sign Prenups.   no comments

Posted at 4:57 am in Legal

Are you contemplating marriage with your same-sex prenuptial partner? Gay and lesbian couples that are seeking to tie the knot should consider a prenuptial agreement before ringing the wedding bells.

Indeed, to an even greater extent than in traditional marriages, same-sex prenuptial couples should think about entering into a prenuptial agreement. Also abbreviated as the prenup, pre input, or premarital agreement, a prenuptial agreement is a contract that you agree to with your same-sex prenuptial partner before you get married or enter a civil union.

The state of California thought it was a good idea. So much so that California ‘s Premarital Agreement Act was passed to encourage such agreements and renders them enforceable in nearly all cases where the agreements have been fairly negotiated.

Although the negotiation and execution of prenuptial seem an incredibly unromantic act on the eve of an impending wedding, same-sex prenuptial couples will benefit from a prenuptial agreement, and it should be possible to contemplate and in many cases mitigate most of the adverse effects of the Defense of Marriage Act, or DOMA, through proper drafting. Same sex couple should contact same-sex marriage attorney in Los Angeles

The agreement should cover: (a) assuring that the non-biological parent adopts any child of the parties; (b) in the event of divorce, future submission of the parties of the same-sex couple (by relocation, if necessary) to the jurisdiction of a court in California in the event that they have relocated to a non-recognition state; (c) possible submission of non-justiciable emergency or temporary disputes to arbitration.

The laws governing same-sex marriages in California -including, maybe, more importantly, the interplay with federal and sister-state laws are complex and in flux. Same-sex couples considering marriage in California should consult with a family law attorney such as Lavinksy Law with particular experience in these matters

Written by on June 13th, 2017