Prenuptial agreements, which were once seen by the courts as a threat to the sanctity of marriage, are now commonplace and widely enforceable. Oklahoma courts have expressed support for prenuptial agreements for individuals who desire financial assurances prior to getting married. However, state law statutes express the need for the prenuptial agreement to be in writing; and state case law has established that prenuptial agreements must be made “without fraud, duress, coercion or overreaching.”
Prenuptial agreements deal with how your finances are to be shared during the marriage, and how marital assets will be divided in the event of a divorce. A prenuptial agreement may benefit you and your spouse in the following ways:
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By allowing you to clearly define the rights and obligations you share in both your individual and collective finances, including proprietary rights in each other’s businesses and property;
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By allowing you to address alimony and define how assets are to be divided if and when you divorce; and,
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By allowing you to express how the state is to handle your spouse’s estate in the event that he or she dies without a valid will.
There are some matters that cannot be covered by prenuptial agreements, including:
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Child support, child custody or your visitation rights;
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Personal rather than financial matters, such as your duties to the household or the manner in which you will raise your children; or,
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Expressly providing an incentive for you to divorce.
The benefits of prenuptial agreements are not limited to wealthy couples or to the wealthier spouse. Your financial situation may very well improve during the course of your marriage, and a prenuptial agreement can help you avoid long, messy, and expensive disputes over how the assets you and your spouse have acquired will be distributed in the event of a divorce. Furthermore, a prenuptial agreement can easily be written to protect the rights of both spouses equitably. In fact, courts will most likely not uphold a prenuptial agreement that is unfair to either party.
All things considered, before you draft a prenuptial agreement, you and your intended spouse should thoroughly discuss and define the parameters of the desired agreement. Most importantly, you should discuss if and how it will address the separation of your financial affairs during marriage and the distribution of your assets in the event of your divorce or deaths. You should then seek separate attorneys to help you draft and review the document in consideration of the procedural and substantive rules that will allow your prenuptial agreement to be enforced in Oklahoma.
Confidential Consultation: Claremore Divorce Attorney
When there’s so much at stake, it’s crucial that you discover all your options by talking to a skilled Claremore divorce attorney at Wirth Law Office – Claremore. For ainitial strategy session with a knowledgeable Claremore divorce attorney, call (918) 213-0950 today. If you prefer e-mail, send the Claremore attorney your question by using the form at the right side of this page.
