Home » Can LGBTQ+ Couples Complete a Pre-Nuptial Agreement in Texas?

Can LGBTQ+ Couples Complete a Pre-Nuptial Agreement in Texas?

If you and your LGBTQ+ partner are considering getting married, you may want to consider a pre-nuptial agreement. This is especially true if either of you has significant debts or assets. Once you get married, there’s no way to protect yourselves in the marriage. In the event of divorce, your assets and debts will be divided according to Texas law.

LGBTQ+ attorneys in Houston are able to help you draft your pre-nuptial agreement. Although it’s best that he only represents one of you. If he represented both you and your partner, there could be a conflict of interest down the road.

A pre-nuptial agreement will outline the basics of your marriage. It’s almost like a Marital Settlement Agreement you negotiate in a divorce – only it takes place before the marriage instead of after. It will define the terms of every aspect of your marriage. Or, if you prefer, it can be limited to your assets and debts.

What Terms Will Your LGBTQ+ Attorney Include in Your Pre-Nuptial Agreement?

Basically, if you’re getting married, you may want to have a pre-nuptial agreement drafted. Your LGBTQ+ lawyer will make sure that all important topics are covered. He’ll ensure the following issues are addressed:

  • Any assets you have are protected in the event of divorce
  • You aren’t being denied assets that you would be legally entitled to
  • There are no unconscionable terms in the agreement (I.e. If you get sick or terminally ill, they can leave without providing health insurance, etc.)
  • The agreement is balanced – your lawyer can make sure there are no unfair terms (such as it’s okay if one party cheats but if you cheat, you lose your right to any property in the divorce)
  • It is true – make sure all assets and debts are listed

In some cases, both you and your partner have assets. You both want to protect what you worked hard to earn so far in life. However, in many instances, LGBTQ+ attorneys see a lot of cases where there is an imbalance in debts and assets.

Maybe your partner has nothing and you have a ton. You’re going to want to protect your assets in the event of divorce.

What are Unique Issues Addressed in an LGBTQ+ Pre-Nuptial?

When an LGBTQ+ couple gets divorced, they face unique issues when it comes to custody, equitable distribution, and alimony. You can avoid these issues if you have a detailed prenup drafted.

Your pre-nuptial agreement can spell out what the custody situation will be if you get divorced. This way, even if you don’t have legal rights to the children, you can still get visitation. The same is true for alimony. Your pre-nuptial agreement is simply a contract. It must be enforced if the marriage doesn’t work out.

Make sure you have an idea of what you want when you meet with your LGBTQ+ attorney. He’ll be able to do a better job of drafting your pre-nuptial agreement if he knows what you want.

Some of the things you want to bring with you for your pre-nuptial meeting include:

  • Debt and asset information
  • Copies of stock portfolios, bank balances, etc.
  • All vital information about you and your partner
  • Proof of income
  • Any specific requests you may have

Your attorney will use this information to come up with an agreement that works for you.

Are There Things Your Houston LGBTQ+ Attorney Can’t Put in the Agreement?

If you put certain types of things into a pre-nuptial agreement, the Courts won’t enforce it. Some of the things that may be deemed unenforceable include:

  • If only one party is represented by an attorney, the agreement may be voided
  • If the agreement states that one party forfeits their right to alimony if they gain weight, the judge may deem it unconscionable
  • Any term that affects child support
  • A clause that states that one party can cheat without consequences
  • Any clause that requires a certain party to perform illegal or immoral acts

Contact an LGBTQ+ Attorney in Houston, Texas

If you’re thinking about having a pre-nuptial agreement signed, you need to call a LGBTQ+ family law attorney in Houston. He can craft an agreement that protects you but is also fair to your partner.

It’s important that you protect yourself if you’re getting married. The courts are still not quite sure how to handle LGBTQ+ divorces. You also want to make sure you leave nothing to chance if at all possible.

Share this article: