Same-Sex Prenuptial Agreements in New York City
A prenuptial agreement is a contract that outlines clear instructions on dividing property and assets in the event that a death or divorce ends a marriage.
When couples get divorced, they must go through the arduous process of dividing property, determining child custody and support, and addressing spousal support.
When couples cannot agree on these matters, the divorce may become contested and take a very long time to finalize. If a couple disagrees on property division, it will require the courts to make a decision on their behalf. Our New York City same-sex prenuptial agreement lawyer has years of experience handling these types of contracts.
The court divides property based on equitable division, which does not always mean the property is split down the middle. Obviously, leaving the decision of property division in the hands of the court system can lead to some less than ideal results. Prenuptial agreements are designed to protect spouses’ property and streamline the division process should a death or divorce occur. In fact, a clearly outlined and legally sound agreement will help to avoid the court altogether. Every couple who is going to be getting married, whether in a same-sex marriage or otherwise, should have a prenuptial agreement to protect their future.
Prenuptial Agreements for Same-Sex Couples
Obviously, the subject of a prenuptial agreement can be a sensitive one. No one wants to think about the possibility that his or her marriage may come to an end. However, creating this relatively simple document now can save couples a lot of added stress in the unlikely event that the marriage is dissolved. Working with an experienced same-sex prenuptial agreement attorney can help couples create a prenuptial agreement fair to both sides without either spouse feeling resentment. New York divorce attorneys are accustomed to drafting these documents, so they know how to handle the situation with care and fairness. A same-sex prenuptial agreement should address the following:
- Property and assets. If you can clearly define separate and marital property, it will speed up the equitable division process in the future. Couples should also decide how they want the equitable property to be divided.
- Child custody. You can address what type of custody you will have for your child if a divorce or death occurs. Custody can be either sole or joint. In addition to that, you may even want to determine visitation rights and schedule.
- Child and spousal support. If couples can decide upon child and spousal support now it will save a lot of time and avoid the court system later. The courts usually use a calculation based off a percentage of the couple’s combined income, which can easily be calculated by an attorney for the purposes of a prenuptial agreement.
A prenuptial agreement attorney can help couples decide on the parameters of the prenuptial agreements. They will be able to help the couple understand the value of their property and which matters are necessary for them to address in the agreement. As with all cases, the family attorney’s goal is to keep their client’s best interest in mind, avoid court, and create a fair solution for both parties.
New York City Attorney Concentrating in Same-Sex Prenuptial Agreements
If you’re looking to create a same-sex prenuptial agreement between you and your spouse, contact Vivien I. Stark today. She is a family law and divorce lawyer with over 30 years of experience in the five boroughs of New York City. Deeply committed to her clients, she has been recognized by Avvo as a top contributor and top divorce lawyer with superb ratings. She is also an accredited member of the Better Business Bureau. Vivian I. Stark works to keep her clients’ best interests in mind at all times.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.
The Law Office of Vivien I. Stark, P.C. can assist you with the following areas of prenuptial and post nuptial agreements: