Same sex prenuptial agreement also known as prenups are legal common procedures undertaken before marriage.Same sex prenups establishes the financial and property rights of each single spouse in the case of divorce hence it determines who will get what in the event of a marriage breaking down.Some couples think such agreements will undermine their relationship but that is not the case since a properly drafted agreement will protect both parties and avoid future disagreements between the couples hence it is advisable to have a prenuptial agreement.
Same sex prenuptial agreement is used in the protection of the couple's assets that are subject to marital property law and are in most cases used to find out how the property is passed on in the event of death or protect an individual from bearing the burden of debt left by the other.The documents are also used to simplify matters when it comes to the division of property and protect one party's assets or make clear the couples financial responsibilities in the event of a divorce.
Signing the same sex prenuptial agreement documents is not an easy task to the couples since doing this comes with its pros and cons in a relationship even though there are chances that a marriage may end up at some point hence its necessity.The advantages that come along with the signing of the documents are:it protects the couple's business and assets, avoids debt burden to one party, reduces asset conflict in the event of a divorce and creates an official recognition of the parties financial agreements.The disadvantages that come along with this agreement are:it leads to trust issues in the relationship, certain aspects of the same sex prenuptial agreement may be subject to the state law and other non financial matters such as duties may fail to be addressed in the agreement.
The validity of same sex prenuptial agreement is considered when both parties sign a written agreement when both are in good state of mind as well as provide relevant and honest information and both must read the terms and conditions of the agreement.Failure to follow the correct terms and conditions, the same sex prenuptial agreement will be considered null and void due to its non compliance with the law.
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