Non-Marital Agreements for LGBT Couples

Same sex marriage is now legal in New York City, but many LGBT couples choose to enjoy long-term relationships without any intention to marry. If you are in this category, it is advisable to consider signing a non-marital agreement with your partner to protect each of you against the possibility of inequities in the event that you end the relationship. You can find experienced legal guidance on this matter by coming to Hindin Deutsch, P.C. We are a New York City divorce law firm for lesbians, gays, bisexuals and transgender, and have been widely recognized as an authority in the field of same sex family law. Bettina Hindin has been given the Super Lawyer rating from our peers. Visit our office for a consultation to learn about your options so that we can begin work on drafting your agreement.

What are non-marital agreements?

A non-marital agreement has similar functions to a prenuptial agreement or a postnuptial agreement, but its purpose is in many ways different. While the written agreement among a married couple serves to protect each spouse against the other party's claims in a divorce, a non-marital agreement exists to create and define property rights. When a couple gets married, the state considers that certain types of assets and debts become shared property and each person has a right to claim ownership in the marital property. As a partner in an unmarried couple, you will have no such rights if your relationship ends, no matter how long you have been together.

New York City Divorce Attorney for LGBT Couples

By executing a formal agreement, you can safeguard yourself against the possibility of losing your fair share of the household and the assets you have worked together to acquire. You can also stipulate that items which are held in shared title will be assigned to either party, as well as setting terms of support or "palimony." Agreements of this nature are subject to the full body of contract law, and it is advisable to seek the assistance of an attorney to ensure that the document is legally enforceable.

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