Those planning to marry their same-sex partners are coming up against a hurdle known all too well by “late-in-life” marriages – combining two established lives personally, financially and legally. Enter the prenup, sometimes known as a premarital agreement.
A recent Forbes article titled “Before Marriage, Same Sex Couples Need Prenups” provided some pithy advice.
The term “late-in-life marriage,” while perhaps not soft on the ego, is a term designed to acknowledge that you are not blushing eighteen-year-olds, with no assets, careers, or names in the world. In fact, most same-sex partners, couples, and married persons will have fully established and separate financial and legal lives, sometimes by design and often by strict necessity. Regardless, marriage in this new, post-DOMA world will mean a collapse of those borders.
Whether heterosexual or homosexual, couples that are comprised of well-established individuals have much to consider, including retirement accounts and even accrued liabilities. Consequently, marriage may require planning what should be joined and what should remain separate.
The original article illustrates how prenuptial agreements are being deployed today as more and more persons marry “late-in-life” and that same-sex marriages are (now) no exception in this regard.
Either way, “marriage” is and always has been a very legally loaded term. We are still learning what same-sex marriage will mean, and to some extent we are still learning what marriage in this day and age will mean. Regardless, a solid prenuptial agreement is an important consideration.
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Reference: Forbes (June 27, 2013) “Before Marriage, Same Sex Couples Need Prenups”