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  • Writer's pictureJames Chau

Tips for Same Sex / Gay Couples when Getting Married

I came across this interesting article that considers the importance of a premarital agreement for LGBTQ couples. Having not so long ago being given the right to marry, many gay couples have either taken the plunge or considering it. While emotions are running high and joy is in the air, it may seem negative to discuss premarital, or often known as prenuptial, agreements. There are some good arguments for doing just that. For instance, in the case that one spouse passes away, have a marital agreement and/or marital trust can simplify the process of converting assets.

“I do,” comes with some pretty severe strings attached. From the date of marriage forward community property includes not only earnings, but also things like 401(k) contributions, IRAs, business assets, etc. If you are entering in to a marriage with assets, it is important to discuss the expectation of how these assets are allocated, and to whom they belong should something go awry. If you are getting married, entering into that union with clear understanding and expectations about these matters is very important. In the unfortunate instance that a divorce should arise, this could simplify the process of dividing the property for everyone to move forward.

If you are considering marriage, or have been married and do not have a structure in place to account for divorce or death, you may want to consult an attorney to see what the options are for working out an agreement with your partner for, as the article puts it, the inevitability of marriage ending “either in divorce, or in death.”

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyer office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. San Jose unbundled limited scope family lawyer.

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