Protecting LGBTQ+ Families Through Prenuptial and Postnuptial Agreements

Marriage provides a framework of legal protections, but it may not address all the unique circumstances that LGBTQ+ families face. For this reason, prenuptial and postnuptial agreements are powerful tools for clarifying rights, protecting assets, and securing the future. These legal documents allow couples to define the terms of their financial relationship on their own, providing clarity and security that can be invaluable for estate planning and safeguarding parental rights.

At WARD FAMILY LAW, LLC, we guide couples through the process of creating agreements that reflect their specific needs and goals. Understanding the difference between these two types of agreements is the first step.

• Prenuptial Agreement (Prenup): A legal contract created and signed by a couple before they get married.
• Postnuptial Agreement (Postnup): A similar contract created and signed by a couple after they are legally married.

Unique Benefits for LGBTQ+ Families

While prenups and postnups are useful for any couple, they offer particular advantages for LGBTQ+ families. These agreements can be tailored to address specific concerns, ensuring both partners are protected.

Key benefits include:

• Asset Protection: Clearly define which assets are considered non-marital property. This is especially important for partners who have accumulated significant assets or started a business before the relationship began.
• Defining Financial Roles: Outline how joint finances, debts, and property acquired during the marriage will be handled, both during the marriage and in the event of a divorce.
• Safeguarding Parental Rights: For non-biological parents, these agreements can reinforce parental rights and responsibilities, adding a layer of legal protection beyond an allocation judgment.

For instance, consider a couple where one partner enters the marriage with a successful business. A prenuptial agreement can specify that the business and its growth remain non-marital property, preventing potential disputes in a divorce. Conversely, a postnuptial agreement could be used if one spouse receives a large inheritance during the marriage and wants to ensure it remains their separate asset.

Drafting an Inclusive and Effective Agreement

Creating a strong agreement requires careful thought and precise legal language. To ensure your document is inclusive and legally sound, consider the following drafting tips:

• Be Specific and Comprehensive: Do not leave room for ambiguity. Clearly list all assets and debts, and specify how they should be treated.
• Include Full Financial Disclosure: Both parties must provide a complete and honest accounting of their finances. Concealing assets can invalidate the entire agreement.
• Secure Separate Legal Counsel: It is crucial for each partner to have their own attorney. This ensures both individuals’ interests are protected and prevents claims of coercion later on.
• Use Inclusive Language: Ensure the agreement uses gender-neutral and inclusive terms that accurately reflect your family structure and intentions.
• Address Parentage Clearly: If you have children or plan to, the agreement can reinforce the parental rights of a non-biological parent. While child support and decision-making cannot be predetermined in a prenup, acknowledging parentage provides additional security.

Crafting prenuptial and postnuptial agreements requires experienced legal guidance. The attorneys at WARD FAMILY LAW, LLC are committed to helping LGBTQ+ couples and families in the Chicago area create personalized legal solutions that protect their rights, their assets, and their loved ones. Contact us to learn how we can help you build a secure future.