We’re thrilled Gays and Lesbians in NJ can finally tie the knot!
But before you run out and marry your sweetie in celebration, take a second to consider a premarital agreement, or “prenup.” Why? Here are our top three reasons:
1. The law doesn’t always treat “unmarried time” the same as “married time.”
With gay marriage now recognized in New Jersey, we’re about to see an entire class of cases where couples may have been together for decades but only legally married for a short time before they separate. It is a loving act to want to want your partner-of-twenty-years treated like your partner of twenty years in the eye of the law should you die or divorce.
2. You may have second-marriage problems.
Previously married? Possibly to a member of the opposite sex? You may even have children from that marriage you want to see protected. And if you’ve already been divorced once, well, you KNOW how hard divorce is and have an appreciation for the benefits of a good prenup. And don’t underestimate the value of simply sitting down and figuring out what you have right now and who the beneficiaries are! We see cases where people forget to change the beneficiary on an insurance policy or an annuity from more often than you’d think!
3. You want to protect your partner from a fight with your family if you die.
A prenup is NOT a substation for a proper Law Will and Testament. However, the “bonus” aspects of a good prenup is that it clarifies what you each brought into the marriage and what you want done with it in the event the marriage ends. You might be expecting that priceless antique from your grandmother, but your spouse’s family may be equally sure it came from their side. A prenup establishes what each of you think was yours when you marry. That can be very helpful in clarifying what is properly part of your respective estates later.
The long march to Gay Equality means new rights and new responsibilities. You worked hard to earn your equality and we’ll work equally hard to protect what you’ve built. Please call for a free consult 865-227-7888. Serving all South Jersey. Find us on Facebook!