Since the United States Supreme Court’s decision regarding the Obergefell v. Hodges case, it has been legal all across the country for same-sex couples to get married. And while this right had already been available in many states, Texas was behind the curve. But while the advent of same-sex marital rights is a wonderful step forward, it created some legal circumstances that require acknowledgment.
For many years, cohabiting same-sex couples in the Lonestar State had some options available in lieu of marriage, including civil unions. This means that there are people who had been part of long-term relationships who opted for marriage when they were availed of the opportunity.
But what happens if a couple who has been living together for a long time decides to divorce after a brief period of being married? Well, such a situation could create serious property division issues. The problem is that the court may only recognize the couple’s time together during the marriage, which might only constitute a small percentage of their lives together under one roof. This means that property that should have been eligible for division might only be granted to one of the parties.
Such property and other financial issues are known as “tacking issues.” But a same-sex couple can avoid the legal pitfalls created by these tacking issues by drafting a thorough prenuptial agreement that addresses the couple’s financial circumstances. A prenup is a good way to ensure that both partners have their interests protected in the event of a divorce.
When creating a prenuptial agreement, it is best for each partner to have his or her own legal representation. Therefore, if you are planning to get married, you may want to contact a Texas family law attorney who has experience handling the legal aspects of same-sex relationships. The attorney can help you craft the agreement and advise you on the current state laws that are applicable to your relationship.