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Same-sex couples and prenuptial agreements

Some Georgia couples enter into prenuptial agreements before they get married in order to protect themselves in the event of a divorce. While many younger people who have few assets when they get married often decide a prenuptial agreement isn't worth the expense or don't want to discuss it with their future spouses, people getting married for the second time often do decide it's a good idea.

With the legalization of same-sex marriage across the nation, many same-sex couples who have lived together for years but who were previously unable to marry are doing so now that they can. These couples may have accumulated significant assets over the length of their relationships together.

Without a prenuptial agreement in place, courts in many states will make their property division and spousal support awards according to the actual duration of the marriage. This means that, without prenuptial agreements, same-sex couples who marry and later divorce may not receive the amount they rightfully should. Same-sex couples may thus want to frankly discuss drafting and signing a prenuptial agreement before they tie the knot.

Same-sex partners who plan to marry and have children face some unique challenges not faced by heterosexual couples. A person who is planning to marry their same-sex partner may want to consult with a family law attorney who is familiar with some of the legal challenges same-sex couples might face. An attorney might help by drafting a prenuptial agreement that is legally valid in order to help protect the client in the event a divorce occurs. If a same-sex couple later has a child through adoption or other means, the attorney may also help protect their client in the event the relationship ends by negotiating a child custody and visitation agreement.

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