As with many legal issues in family law, there tend to be misconceptions surrounding prenuptial agreements. One of the most prominent of misconceptions is that "prenups" are only needed by certain types of couples. In reality, agreeing to a prenup can be a sound, beneficial decision for almost every type of couple. In New York, where same-sex marriage has been legal for several years, a same-sex couple pondering marriage may also consider the pros of a prenuptial agreement.
One of the primary benefits of a prenuptial agreement is the protection of each party's rights in the event of divorce. Through the creation of a prenup each party can outline pre-marital property, as well as any property the couple has purchased together. Commonly contested subjects, such as the family home or car, can be addressed before the marriage even begins, thus giving each party peace of mind as they enter the marriage.