How Does a Pre-Nuptial Agreement Help LGBT Couples in Houston?

LGBT couples have been able to get married in Texas for a few years now. And, while nobody sets out to get married only to get divorced, things happen. Hopefully, you and your partner will be together forever. But, just in case that doesn’t happen, you should protect yourself with a pre-nuptial agreement. Your LGBT divorce attorney in Houston drafts dozens of these agreements every year. Ideally, once it’s signed, you’ll never have to look at it again. You and your spouse may be together for fifty years. However, it’s great to know that this agreement is there to protect you should things not work out this way.

A pre-nuptial agreement outlines the basic terms of your marriage (and divorce.) It spells out who gets what in the event you separate or divorce. It also lists the assets of both parties. Most pre-nuptial agreements are pretty simple. Unless you have a ton of assets, your agreement won’t be all that complicated.

Your Houston LGBT divorce lawyer can craft your agreement anyway you want. You and your partner can let them know what it is you want the agreement to say. As long as it’s signed prior to your getting married, it will be legally binding should you ever get divorced.


What Terms are in Your Pre-Nuptial Agreement?

Your Houston LGBT divorce attorney can include anything you want in your pre-nuptial agreement. As long as it isn’t illegal or unconscionable, the court will enforce your agreement. Some of the terms that will be outlined in your agreement include the following:

  • 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

Not all pre-nuptial agreements are one-sided. Just because it looks that way on television, doesn’t mean it works this way in the real world. Usually, both partners enter the marriage with debts and assets. A pre-nuptial agreement is simply a way to make equitable distribution easier should you get divorced down the road.


Are There Special Things Included in a Pre-Nuptial Agreement for LGBT Couples?

LGBT pre-nuptial agreements aren’t all that different from any other pre-nuptial agreement. It doesn’t matter what your sexual orientation is – if you get divorced, it can get ugly. A pre-nuptial agreement just makes it a little less ugly.

Your agreement can spell out how custody will be handled. It will also address who will get the marital home if you end up getting divorced. Most pre-nuptial agreements also outline how alimony will be handled if you get divorced.

It’s a good idea to know what you want when you go to meet with your LGBT divorce attorney in Houston. This way, they can do a good job of capturing everything you want your agreement to say.

Some of the information you should bring with you to your first consultation 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 Houston LGBT divorce attorney needs this information to draft a pre-nuptial agreement that works for you.


What Can’t Be Put into Your Agreement?

There are certain things that can’t be put into your pre-nuptial agreement. Or, if they are in there, won’t be enforced by the court. Some of the unenforceable terms in a pre-nuptial agreement 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 a LGBT Divorce Attorney in Houston, Texas

If you and your partner are getting married and need a pre-nuptial agreement, contact an experienced LGBT divorce law attorney at Eddington & Worley today. They’ll draft an agreement that protects you but is also fair to your partner.

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