Gay couples that are considering marriage would be well served by investigating the ramifications that accompany marriage. Besides the many pros, there are potential cons as well. If the couple separates it is no longer possible to simply divide property based on who purchased it. Instead, the couple will be subject to the same divorce laws and division of property that straight marriages have dealt with for hundreds of years.
If nothing else, a prenuptial agreement may be useful solely for the purpose of designating what property belongs to what party, or if certain assets should be designated and treated as marital property. For example, if a gay couple bought a house together and they both contributed to the costs, designating the property as marital property before the marriage even takes place could greatly help the parties if a divorce becomes necessary. In this scenario a prenuptial agreement would serve a greater purpose then just protecting one party’s assets.
Custody & Adoption
If you are planning on getting married or you're dealing with divorce/custody issues, contact Pearson Law Firm for a free consultation with an experienced divorce attorney. Call 801-888-0991.