The law generally treats pets as personal property without special status. However, some courts treat pets like children and apply similar “pet welfare.” Below is a sample of a New York marriage contract that Schpoont provided to us. It doesn`t include all the considerations and clauses (as these depend on each couple`s unique situations), but it`s a starting point for what a basic prenup looks like. And since each state has different laws regarding divorce, we recommend that you consult an attorney in your state for your specific procedure. There is a common misconception about prenutial arrangements, and that is that they are a kind of legal weapon that can be used by wealthy couples in divorce proceedings. While high-profile celebrity divorces may reinforce this idea, the truth is more prosaic. “A prenup is an agreement made by a future married couple that sets out certain financial obligations and conditions that the parties will meet during the marriage and in the event of divorce,” Wallack explains. Following the June 2015 Supreme Court decision in Obergefell v. Hodges and the national legalization of same-sex marriage, the IRS abolished same-sex marriage for federal tax purposes.
According to a 2013 Forbes article, same-sex couples would have benefited from a marriage contract even before the historic Supreme Court decision. Deciding whether or not a prenoptial agreement is good for you and your future spouse is a decision you need to make together. Each couple`s financial situation is unique, and you should both talk openly about your current situation and how it may change after you get married. Marriage contracts have a lot to offer, but they are not necessarily suitable for all couples. For some, the divorce and property laws of their state may be sufficient for their needs; and they should not consider that a marriage contract is particularly advantageous in their situation. Admittedly, the discussion of marriage contracts is not particularly romantic, but it doesn`t need to be confrontational either. As an adult, you should be able to sit calmly and honestly and discuss your future together. If you feel like a prenoptial agreement is something you want to pursue and you don`t know how to approach the issue with your fiancé, the following conversation points should help make the conversation a little less uncomfortable. What do “name abbreviations” mean in marriage contracts? “The goal should be to have a reasonable, fair and enforceable agreement for both parties,” Wallack said. In a prenup, you can also determine how much (if any) your spouse will receive from your estate if you divorce or die. This is especially important if you have a large estate and children from a previous marriage to whom you want to leave part, if not all, of the estate. If you don`t sign a prenutial agreement that spells out these details, most states will automatically give your surviving spouse a share of your estate after your death.