Same-Sex Premarital Steps Include Prenuptial Agreements
Wednesday, May 26th, 2010Are you and your same-sex partner thinking about getting married in Connecticut? Same-sex couples who want to get married should seriously consider drafting a premarital agreement before they say their wedding vows.
Indeed, to an even greater extent than in traditional marriages, same-sex couples should think about entering into a prenuptial agreement. Also abbreviated as pre-nup, prenput, or premarital agreement, a prenuptial agreement is a contract that you agree to with your same-sex partner before you get married or enter a civil union.
Think about it this way. Connecticut lawmakers considered the potential issues that could arise in a divorce and decided it was worthwhile to enact the Premarital Act. The Premarital Act in Connecticut strongly encourages same-sex couples to enter into prenuptial agreements. Under Connecticut law, prenups are almost always enforceable if they were negotiated fairly.
Although the negotiation and execution of prenups seems an extremely unromantic act on the eve of an impending wedding, same-sex couples will generally benefit from a prenuptial agreement, and it should be possible to contemplate-and in many cases mitigate-most of the adverse effects of the Defense of Marriage Act, or DOMA, through proper drafting.
Gay and lesbian couples planning to get married in Connecticut should look for four elements in a strong prenup. First, there should be assurance that any child the same-sex couple has through artificial insemination is adopted by the non-biological parent. Second, future submission of the parties of the same-sex couple (by relocation, if necessary) to the jurisdiction of a court in Connecticut in the event that they have relocated to a non-recognition state in the case of a divorce. Third, possible submission of non-justiciable emergency or temporary disputes to arbitration. Finally, provision for resolution of alimony and property issues (also possibly by arbitration) in the event that the same-sex relationship ends.
Connecticut laws that govern same-sex marriage, which include the interplay with federal and sister-state laws, are complicated and changing. Same-sex couples planning to get married in Connecticut should take counsel with a family law attorney who specializes in same-sex marriage and same-sex divorce issues.
Hilary B. Miller is a prominent Connecticut attorney on the cutting edge of same-sex marriage and divorce issues. Miller is also active in pro bono litigation of AIDS-related claims, including family, employment and insurance matters. He graduated from Fordham University School of Law and is admitted to the Connecticut, New York and District of Columbia bars. If you need expert advice on same-sex marriages, visit Miller’s family-law web site at http://www.ct-divorce.com.
Visit www.ct-divorce.com to learn more about issues related to same-sex divorce and same-sex prenups issues in Connecticut from attorney Hilary B. Miller. Grab a totally unique version of this article from the Uber Article Directory
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