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History of prenups for same-sex married couples in the US

Same-sex marriage legalization opened new opportunities. Prenups help same-sex couples address unique legal and financial needs.

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The legalization of same-sex marriage in the United States marked a watershed moment for equality, but it also opened the door to new legal milestones—one of which was the drafting of prenuptial agreements for same-sex married couples. These pioneering documents not only protected the interests of the couple involved but also set a precedent for same-sex couples seeking financial security and legal clarity in their relationships. At First, we are proud to assist all couples in making smart financial decisions for their future, no matter the sexes of the individuals signing the document.

Breaking New Ground in Family Law

Before the Supreme Court’s landmark 2015 decision in Obergefell v. Hodges, same-sex couples faced a patchwork of state laws regarding marriage, property rights, and legal recognition. In states where same-sex marriage was first legalized, such as Massachusetts in 2004, forward-thinking couples and attorneys began to explore how traditional legal tools like prenuptial agreements could be adapted to meet their unique needs.

The first prenups written for same-sex married couples in the U.S. were more than just contracts, but statements of equality. For the first time, same-sex partners could enter into a marriage with the same legal protections and responsibilities as heterosexual couples. These agreements addressed property division, debt allocation, and inheritance rights, issues that had often been sources of legal uncertainty for same-sex couples in the past.

Why Prenups Matter for Same-Sex Couples, and How First Can Help

Legal Recognition: Prenups are one of many documents that signal that same-sex marriages will be treated with the same seriousness and respect as any other marriage under the law.
Setting a Precedent: Without a prenup, a couple leaves the division of assets upon divorce to the discretion of a state judge, and as same-sex couples know, state laws can often change quickly or prove incompatible with a couple’s wishes. At First, we are passionate about increasing access to justice for those who have historically been underrepresented by traditional legal systems.
Asset and Debt Protection: Prenups allow both partners to clarify how their assets and debts will be managed, both during the marriage and in the event of divorce. We’ve been thoughtful about the types of assets and debts that today’s couples have. From student loans to pets, First has you covered.
Family and Inheritance Rights: Prenups provide security for children and family members, ensuring that the couple’s wishes will be honored regardless of outside challenges. Couples who are blending families can make plans for how they will share expenses for already-existing children, protect assets that they wish to pass along to any third parties, or determine whether an incoming inheritance will be treated as separate or marital property.

A Legacy of Empowerment

Today, prenuptial agreements are an increasingly common and recommended step for same-sex couples. First’s patent-pending platform addresses the unique financial, legal, and family considerations that many same-sex couples face. For same-sex couples, getting a prenup is not just a legal milestone, but a powerful symbol of progress and empowerment for the entire community. Book a consultation call today!

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