Last post, we talked about how the U.S. Supreme Court may make a decision later this year on whether states are allowed to ban same-sex marriage. For the time being though, the same-sex marriage ban here in Texas remains in force.
This ban can pose some challenges to long-time same-sex couples here in Texas who decide they want to end their relationship. This is because, as a result of the ban, not only can same-sex couples not get married in the state, they also cannot take advantage of the various legal mechanisms related to divorce the state has when they decide to split. This can create some particular problems when it comes to property, as same-sex couples cannot use the state’s legal mechanisms for divorce property division to reach a fair property split.
Thus, deciding what each person’s property rights will be after a split is something that a same-sex couple may want to think about at the start of a serious long-term relationship. Such couples can utilize a prenuptial agreement to set what these property rights will be. Having such an agreement in place can make property issues much less murky if a same-sex couple decides to bring their relationship to a close.
Now, negotiating a prenuptial agreement dealing with terms regarding a potential future property division is not without its challenges. There are many things it can be important to do and take into account when in this process.
Our firm understands how Texas same-sex couples can use prenuptial agreements to cover some gaps current state family law creates and we can provide individuals who are in same-sex relationships who want to set up a prenuptial agreement regarding property rights with assistance in regards to negotiating such an agreement.