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Why LGBTQIA couples should consider a prenup

Before Obergefell v. Hodges made marriage equality the law of the land nationwide, many LGBTQIA couples used contract law to protect themselves and their families. Now that it is legal to marry the person you choose, you may think your marriage certificate is sufficient. That may not be the case, however. 

A prenuptial agreement is a legally binding contract that clarifies certain matters in the event of a divorce. Though romcoms make prenups look less than romantic, they are often a critical planning tool for soon-to-be spouses. As such, a growing number of younger Americans are choosing to execute prenuptial agreements before walking down the aisle. 

Minimize conflict 

As a member of the LGBTQIA community, you probably are focusing on the positives of marriage rather than the possibility of a messy divorce. Nonetheless, if you wait to negotiate important matters until your marriage is on the rocks, conflict may be inevitable. 

With a comprehensive prenup, you have broad latitude to define marital and separate property. You also can clarify spousal support and other related issues when you are thinking clearly. 

Talk productively about sensitive subjects 

It can sometimes be difficult to discuss finances, goals and other sensitive topics even with those closest to you. When you write a prenuptial agreement, though, you have a framework for talking about potentially awkward subjects in a way that is both productive and proactive. Doing so may strengthen your relationship and give you some peace of mind. 

Set a precedent 

If your marriage lasts a long time, your prenuptial agreement may no longer meet your needs. That is OK. You can always execute a new agreement that supersedes your existing one. That is, you may decide to draft a postnuptial agreement that better fits the intricacies of your relationship. By working on any prenuptial agreement, you set a precedent for planning ahead that may boost your odds of succeeding as a married couple. 

Though your LGBTQIA marriage is perfectly legal, doing additional planning makes good sense. Put simply, with a well-written prenuptial agreement, you protect your future. Even better, executing a prenup before your wedding day may actually improve your relationship. 

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