Equality for everything, including surviving the divorce intact
The world is trending in favor of gay couples being able to marry using any barometer, be it political or poll. And while that is great, the other, sadder side of marriage—divorce, etc.—is catching up, as well. Gone are the days when a gay couple's inability to be legally together could leave a breakup relatively mess-free. Now that the system is slowly recognizing these new American couples, their abilities to legally protect their property is entering the fray.
Even though the situations vary from state to state, those that allow same-sex marriages to occur also afford the couples to have the same rights in terms of property protection. Your marriage now allows your spouse a share of everything in your home. For those newly-free-to-marry reading this, the thought could be frightening. That's why we've come up with a couple of tips on how to approach your soon-to-be spouse if you're interested in having them sign a prenuptial agreement.
Don't pop it out immediately Marriage is about trust, and if you've already had your lawyer draw up a pre-nup without first bringing it up to your fiancée, you might be asking for trouble. We recommend talking to them first and explaining your feelings on the matter. Give them some room to vent, agree or whatever—just don't make them feel trapped in paperwork and mistrust before you even get to the wedding cake.
Give your partner time Just because they blow up at you during brunch doesn't mean they'll feel that way in a day, week or month. A prenuptial agreement is a loaded situation that takes time to digest. Remember there's a trust issue broached when you have them sign a pre-nup—one that could mess up a relationship that took so long to build.
Prepare to make concessions Besides trust, marriage is also about compromise. Make sure that you understand that your partner's ideas are just as valid as yours in the theater of marriage, so listen and try to work something out that protects you, but doesn't leave them out in the cold.