Same Sex Prenuptial Agreements

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Massachusetts is one of twelve of states, along with the District of Columbia, which recognize same-sex marriage. Since 2004, same sex couples have had the right to marry in Massachusetts. Like their opposite-sex counterparts, same-sex couples can enter into a prenuptial agreement to protect their respective assets during the marriage.

Contrary to popular belief, a prenuptial agreement does not protect just one spouse; it protects both spouses. It must be fair and reasonable for both parties. It can be a very specific agreement dealing with all aspects that may be covered in a potential divorce, including distribution of property and assets, alimony, child support, and child custody. Or, the agreement can be narrow, and just address one or two issues, like protecting a specific property owned by one spouse-to-be.

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Published In: Alternative Dispute Resolution (ADR) Updates, Family Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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