LGBTQ+ Prenuptial & Postnuptial Agreements

Clark Law Group > Divorce > Same-Sex Divorce > LGBTQ+ Prenuptial & Postnuptial Agreements

Experienced Attorney for Prenups and Postnuptial Agreements for Same-Sex Couples

For LGBTQ+ couples, prenuptial and postnuptial agreements can protect their rights and assets in case of divorce or separation. These agreements can address various issues, including property division and spousal support. However, there are a few differences between prenups and postnups for an LGBTQ+ couple compared to a heterosexual couple, with some special issues to consider. If you are in an LGBTQ+ relationship and are interested in a prenuptial or postnuptial agreement, a family law attorney can help you understand your options while ensuring that your rights are protected.

Dallas LBGTQ+ Prenup and Postnup Attorney

well-versed Attorneys in pre and postnuptial agreements

At Clark Law Group, our attorneys are well-versed in pre and postnuptial agreements. We have the skills and qualifications necessary to ensure that these agreements can be created and executed lawfully while ensuring that your best interests will be safeguarded. Our lawyers will make sure you are fully informed of your rights and options so that you can make the best decisions for yourself and your family.

Prenuptial Agreements

A prenuptial agreement is a legal contract signed by a couple before marriage. The purpose of a prenuptial agreement is to establish the rights and responsibilities of each spouse in the event of a divorce or separation. Some examples of some of the issues that may be addressed in a prenuptial agreements include:

Property division – A prenuptial agreement can establish how property acquired during the marriage will be divided if the couple chooses to get divorced or separate in the future. This property can include real estate, investments, and other assets.
Debts – A prenuptial agreement can also address how debts during the marriage will be divided. Credit card debt, student loans, and other obligations can be addressed in the agreement.
Spousal support – A prenuptial agreement can establish whether or not spousal support will be awarded if the couple ever gets divorced or separates.
Inheritances – A prenuptial agreement can address how inheritances received by either party will be handled in case of a future divorce or separation. This may include property, investments, and other assets inherited during the marriage.
Business Ownership and Assets – If you are the owner of a growing business you may want to consider protecting your work and the assets you’ve built. Assets, income earned from businesses, and the growth of your business can be protected through a properly executed prenuptial agreement.
Retirement Accounts – A prenuptial agreement can protect your retirement accounts and their increases in value. These amounts would normally be considered community property in the absence of any such agreement.
Trusts and Income from Trusts – If you are the beneficiary of a trust then you may want to consider speaking with an attorney to discuss how to best protect the monies received from your trust through the execution of a pre or post-marital agreement.

It is important to note that both parties must enter into a prenuptial agreement voluntarily, and an agreement cannot be used to establish unfair or unreasonable terms on either spouse. Each party should have an attorney review the agreement, which will ensure that their rights will be protected.

Postnuptial Agreements

A postnuptial agreement is similar to a prenuptial agreement, but it is signed after the couple has married. The purpose of a postnuptial agreement is to establish the rights and responsibilities of each spouse if they were ever to divorce or separate. The issues that may be addressed in a postnuptial agreement include the same issues as a prenuptial agreement, such as property division, division of debts, spousal support, and inheritances. Like a prenuptial agreement, a postnuptial agreement must be signed voluntarily without any unfair or unreasonable terms. It is wise for each spouse to have their attorney review the agreement and provide guidance on the steps they can take to protect their rights.

Considerations for LGBTQ+ Couples

For LGBTQ+ couples, there may be unique considerations regarding prenuptial and postnuptial agreements. For example, LGBTQ+ couples, depending on when they are married, may have a different legal situation to contend with regarding property division and spousal support. Same-sex marriages and other LGBTQ+ marriages became legal nationwide in 2015. However, many couples may have been together for much longer than this. As a result, figuring out how to handle financial issues and other divorce-related concerns may be complicated. To make matters even more complex, an LGBTQ+ couple may argue that under the principle of common law marriage in Texas, they were, in fact, legally married before 2015. Because of issues such as this, it is essential to work with an attorney during the prenup or postnup process to ensure that all special considerations are considered and that the final agreement reflects a couple’s unique circumstances.

Contact a Fort Worth LGBTQ+ Prenup Attorney

If you are in an LGBTQ+ relationship and want to sign a prenup or postnup, our family law attorneys can help you understand your rights and obligations. At Clark Law Group, our knowledge and experience helping LGBTQ+ couples address family law issues provides us with an understanding of the unique considerations that can play a role in these cases. We can help you understand the best steps to take to address your concerns and protect your rights. Contact us at 469-906-2266 for a private consultation. We assist with family law cases in Fort Worth and Dallas, Texas.