Post And Pre-Nuptial Agreements in Oklahoma are really just contracts between a married couple. Marriage is often looked at as a sacred covenant between two people that are in love. Few newlyweds anticipate it ending in a divorce. Still, a growing number of people are preparing for the worst-case scenario and are looking for ways to protect their assets in the event that their marriage does not work out. A pre-nuptial agreement (also known as a pre-nup) is perhaps the most common method used to accomplish this goal.
What you may not know is that a pre-nup is not your only option if you want to protect your assets and property. A post-nuptial agreement, which is created after you are married but before a divorce, can be a viable option if you were unable or unwilling to obtain a pre-nup. While both of these agreements work similarly, there are some key differences. Here’s more on pre and post-nuptial agreements in Oklahoma.
What Is A Pre-Nup?
A pre-nup is an enforceable, written agreement made by a couple before they are married concerning how their property, assets, and Tulsa child custody will be handled in the event that the couple gets divorced. Contrary to what you may believe, pre-nups are not only for the rich. Couples with modest means are increasingly creating pre-nups to avoid the fighting and costly litigation that a divorce may present.
A pre-nup does not just protect your assets in the event of a divorce, however. If you have children from a previous marriage, then a pre-nup can also outline how your property is to be distributed in the event you pass away while still married. In order for these agreements to be enforceable in Oklahoma, you and your spouse must fully disclose all of your assets and debts prior to executing the agreement. The agreement must also be fair for each of the couple.
What Is A Post-Nup?
A post nuptial agreement functions similarly to a pre-nup, with the key difference being that it is created while you are still married. A post-nup can also be used to modify an existing pre-nup or similar to a separation agreement. Because the dynamic of your family may change after you get married, a post-nup may better suit your needs as it can be tailored to your current situation. Another common reason for creating a post-nup is in the case of infidelity. In order to deter future unfaithfulness, some couples get a post-nup which will create consequences in the event the cheating happens again. Like a pre-nup, post-nups must be in writing and they must be fair to both spouses.
Is A Post-Nup Or Pre-Nup Right For Me?
While both Post And Pre-Nuptial Agreements serve to protect your interest during a divorce, a pre-nup is the more common option as it tends to be easier to enforce. While post-nups are legal, courts may be less likely to honor them as they are relatively new and less popular than pre-nups. Consulting with an experienced family law attorney is critical for purposes of developing a strategy on how to best protect your assets in the event of a divorce. It is crucial that you understand that no matter which option you choose, in order for it to be enforced, you must fully disclose your finances and assets to your spouse. Failing to do this may render your agreement invalid by the court.
Post And Pre-Nuptial Agreements Attorneys
The Post And Pre-Nuptial Agreements attorneys at Kania Law Office are well-versed on all types of issues facing married couples. We can prepare a meaningful pre- or post-nuptial agreement which serves your needs and which can be held up in court. To learn more about how we can help you, contact the Tulsa family law attorneys at Kania Law Office by calling (918) 743-2233 or by contacting us online.