Commitment is a daunting and taxing thing in a culture that places marriage as an end-goal. In feeling pressured to join with another, it often leads to premature marriages and hastily accepted commitments. Same-sex marriages are a commonality after being legalized in New York for nearly five years and follow the exact same precepts of marriage as different-sex marriages. The primary difference between same-sex and different-sex marriages is child custody becomes more complex. Gender norms that have dominated child custody results over the past century do not apply. For many same-sex couples, one parent is the biological parent and not the other. The difference between “biological parent” and “legal parent” can mean a big difference in custody battles. If you did not have a prenuptial agreement, it is absolutely important that you pursue a post-nuptial agreement as a same-sex couple.
Complicated? Well, it only gets more confusing from here. Post-nuptial agreements regarding custody for same-sex marriage are a legal tangle considering that they were recently ratified we have few case examples or reference points to make this exchange as equitable as it could be. The paramount issue with same-sex post-nuptials regarding custody in the United States is marriages are largely child-centric and same-sex marriages are not an exception with over 20% of same-sex households reporting as having children. Aside from messy custody agreements, same-sex postnuptial agreements are conducted identically to the hetero counterpart. Assets and property are discussed prior to a future divorce agreement and settled within the postnuptial.
There are certainly grey areas within the subject of same-sex divorce, which makes legal counsel all the more necessary. In Long Island, the most experienced and highly regarded divorce lawyers are found with Simonetti and Associates with over 28 years of experience in settling divorce agreements. A postnuptial agreement functions as divorce insurance and prevents property, children, and assets from being settled in court, so consider making a post-nuptial agreement if your marriage is becoming more difficult.