Prenuptial Agreements For Gay Couples

  • metta

    Posts: 39119

    Jul 18, 2011 6:54 PM GMT

    Modern Love: Why gay and lesbian couples should consider prenuptial agreements

    http://sdgln.com/health/2011/07/18/modern-love-why-gay-and-lesbian-couples-should-consider-prenuptial-agreements

    Would You Consider Having A Prenuptial Agreement?




    I would icon_smile.gif
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    Jul 18, 2011 6:59 PM GMT
    prenup = lack of trust

    If I feel the need for a prenup, I ain't marrying that person.
  • metta

    Posts: 39119

    Jul 18, 2011 7:12 PM GMT
    Too many relationships fail for numerous reasons. Risking half of your assets (for the people that have them that is) is asking a lot, unless you have so many or so little assets that it does not matter either way. Being that I'm self employed, it could also mean losing half of my business.
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    Jul 18, 2011 7:14 PM GMT
    These are extremely I portage when it comes to same sex relationships as a lack of prenuptial (or Predp) can have drastic estate and current financial consiquences. Talk everything out split it up and so forth. It's not romantic but it's smart.
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    Jul 18, 2011 7:16 PM GMT
    Bet your ass I'd get one.
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    Jul 18, 2011 8:29 PM GMT
    paulflexes saidprenup = lack of trust

    If I feel the need for a prenup, I ain't marrying that person.


    I concur!
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    Jul 18, 2011 8:32 PM GMT
    paulflexes saidprenup = lack of trust

    If I feel the need for a prenup, I ain't marrying that person.



    It is more complicated than that if one has children and the other does not. I always hoped my children would inherit my house, but marriage complicates that. My partner understands I have a duty to consider their needs as well as his should something happen to me -- he must not lose his marital home suddenly, nor should my children have to trust him to give them the share of my estate that I want them to have.

    Trust has little to do with it; it is more about estate planning.
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    Jul 18, 2011 8:35 PM GMT
    Upper_Canadian said
    paulflexes saidprenup = lack of trust

    If I feel the need for a prenup, I ain't marrying that person.



    It is more complicated than that if one has children and the other does not. I always hoped my children would inherit my house, but marriage complicates that. My partner understands I have a duty to consider their needs as well as his should something happen to me -- he must not lose his marital home suddenly, nor should my children have to trust him to give them the share of my estate that I want them to have.

    Trust has little to do with it; it is more about estate planning.


    Anything can be contested in court, even the pre-nuptial agreement.
    If leaving the house to your children is so important why not add their names to the property now?
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    Jul 18, 2011 9:13 PM GMT
    Planning can eliminate issues later. It's not a matter of not trusting, it's a matter of planning what you want done before it happens. Especially with kids involved from a prior marriage it's important that everything is spelled out BEFORE and not fought about after. A pre-nup would be an outstanding way of ensuring that there's no misunderstanding of what is to be done with ones assets. Just another way of communicating!
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    Jul 18, 2011 9:20 PM GMT
    I have practiced law for 20 years. There are plenty of times where they are appropriate and many times when they are not. Each decision is a case by case matter.

    The concept of the "gay divorce" is something that the LGBT community will have to struggle with in greater detail. The reason why you would want to have a pre-nup is that at the time of the marriage, you guys love each other very much and will take care of each other... in a family court room at the end of the marriage that dynamic is TOTALLY different. A pre-nuptual agreement can be (not always) a sign of greater love and trust than going without.

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    Jul 18, 2011 9:23 PM GMT
    Alpha_Muscle saidI have practiced law for 20 years. There are plenty of times where they are appropriate and many times when they are not. Each decision is a case by case matter.

    The concept of the "gay divorce" is something that the LGBT community will have to struggle with in greater detail. The reason why you would want to have a pre-nup is that at the time of the marriage, you guys love each other very much and will take care of each other... in a family court room at the end of the marriage that dynamic is TOTALLY different. A pre-nuptual agreement can be (not always) a sign of greater love and trust than going without.



    When we get married Alpha, our prenub is gonna say that I can still sleep with this man:

    JeremyWalker15.jpg
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    Jul 18, 2011 9:25 PM GMT
    Chainers said
    Alpha_Muscle saidI have practiced law for 20 years. There are plenty of times where they are appropriate and many times when they are not. Each decision is a case by case matter.

    The concept of the "gay divorce" is something that the LGBT community will have to struggle with in greater detail. The reason why you would want to have a pre-nup is that at the time of the marriage, you guys love each other very much and will take care of each other... in a family court room at the end of the marriage that dynamic is TOTALLY different. A pre-nuptual agreement can be (not always) a sign of greater love and trust than going without.



    When we get married Alpha, our prenub is gonna say that I can still sleep with this man:

    JeremyWalker15.jpg


    That is so funny, when he and I were in bed the other night, he told me that he wouldn't mind having a threesome with you, Chainers! It is so funny you mentioned it!!

    (psst.... call me.... icon_cool.gif )
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    Jul 18, 2011 9:26 PM GMT
    Alpha_Muscle said
    Chainers said
    Alpha_Muscle saidI have practiced law for 20 years. There are plenty of times where they are appropriate and many times when they are not. Each decision is a case by case matter.

    The concept of the "gay divorce" is something that the LGBT community will have to struggle with in greater detail. The reason why you would want to have a pre-nup is that at the time of the marriage, you guys love each other very much and will take care of each other... in a family court room at the end of the marriage that dynamic is TOTALLY different. A pre-nuptual agreement can be (not always) a sign of greater love and trust than going without.



    When we get married Alpha, our prenub is gonna say that I can still sleep with this man:

    JeremyWalker15.jpg


    That is so funny, when he and I were in bed the other night, he told me that he wouldn't mind having a threesome with you, Chainers! It is so funny you mentioned it!!

    (psst.... call me.... icon_cool.gif )


    omg the idea of you two fucking the shit out of me over and over again is too much too handle.

    qedcn587u9sggs7.jpg
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    Jul 18, 2011 9:42 PM GMT
    van_can said
    Upper_Canadian said
    paulflexes saidprenup = lack of trust

    If I feel the need for a prenup, I ain't marrying that person.



    It is more complicated than that if one has children and the other does not. I always hoped my children would inherit my house, but marriage complicates that. My partner understands I have a duty to consider their needs as well as his should something happen to me -- he must not lose his marital home suddenly, nor should my children have to trust him to give them the share of my estate that I want them to have.

    Trust has little to do with it; it is more about estate planning.


    Anything can be contested in court, even the pre-nuptial agreement.
    If leaving the house to your children is so important why not add their names to the property now?


    Tax reasons. PEI has really punitive tax laws that kick in as soon as someone out-of-province becomes joint owner of any property here. icon_mad.gif

    Land ownership was historically a huge issue on this island and everything was set up over the years to prevent foreign ownership of the beaches, golf courses, resorts and waterfront (as well as protection of arable land - PEI supplies potatoes to Canada, Russia and China. urban property is increasingly being converted into income property at the expense of available housing and the municipality is delighted to find an excuse to invoke evey possible provision to wring out revenues from "wealthy landlords from Away."



    The wealthy labdlords from Here would rather remain wealthy, thank you very much, so do not welcome new members to their club - especially if you are from Away.

    All of which is to say -- Like anywhere, if you know the right people, you can do anything - but not if you are from Away.

    (Unless you go back 3 generations on PEI and have one of 17 names or variants thereon, you are -and ever shall be - from Away.
    icon_lol.gif


    (a lot of inbreeding on this island.... icon_rolleyes.gif

    And the highest ratio of redheads outside Scotland.
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    Jul 18, 2011 10:08 PM GMT
    MuchMoreThanMuscle saidWow, I read the article in the OP. What I don't understand is if a spouse wins the lottery during their marriage, how was it that the ex-husband was able to take her to court and then win all the proceeds of her winning lottery ticket?

    A prenuptial agreement is made before marriage. Does this mean that because she won the lottery during the time of their actively being married that she had an obligation to split it with her husband 50/50?

    Any lawyers in the house can answer this?

    So say if I were married, anything of value that either I or my partner accrues during the time of our marriage it technically split 50/50? Or is this contingent on stipulations made in the prenuptial agreement?


    What state is it in? Some states have community property which is essentially sharing everything, that is intellectual, physical, and monetary property. If they were married when the lottery ticket was bought, it would be 50% of each spouses, because it was bought with community property (income is community property.)
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    Jul 18, 2011 10:19 PM GMT
    If you have a part interest family burial plot, you might want to exclude that from marital assets.
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    Jul 19, 2011 1:24 AM GMT
    paulflexes saidprenup = lack of trust

    Alpha_Muscle saidThere are plenty of times where they are appropriate and many times when they are not. Each decision is a case by case matter.

    The reason why you would want to have a pre-nup is that at the time of the marriage, you guys love each other very much and will take care of each other... in a family court room at the end of the marriage that dynamic is TOTALLY different.
    People change. The smell of money makes people do unbelievable things. I would definitely opt to have one.