A Premarital Agreement in Oklahoma is more common than many people think and its understandable. You are in love. You’re happy. You’re on cloud nine. After all, you’ve just said “Yes” to one of the biggest questions of your life: will you marry me. Naturally, the first thing you want to do is pick out a wedding dress. Yet, it turns out that your fiancé has something else in mind. Right after the “Will you marry me” question comes a stunning follow-up, “Great. Now let’s get a prenup.” If your soon-to-be spouse has asked you for a prenup, there are several Oklahoma family laws that you should consider first.
Your fiancé doesn’t love you any less because he or she wants a prenup. It doesn’t mean that they are anticipating a divorce either. On the contrary, one of the wisest, most sound methods of protection available is getting a prenup. Because prenups are so important, you don’t want to download a generic template and sign off on it before consulting an experienced Oklahoma prenuptial attorney.
What To Include
A prenup is a premarital agreement. In it, you should include which property items you will keep, and which items can be sold or given to your partner if you separate. It’s also ideal for including something about alimony or other forms of spousal support (terms can include things like, you’ll only pay alimony for 36 months; your partner isn’t entitled to any pension money you earned during your marriage if you divorce, or other critical issues that you can anticipate ahead of time).
You should also include property you two have bought or are buying together (for example, if you’ll be getting a pet dog, you can cover visitation rights in the event the relationship ends)—not just the property that’s already yours or in your name. Let’s face it. Divorce happens. Isn’t it at least comforting to know that, should it happen that you divorce, it won’t be as messy and drawn out as others?
Premarital Agreement and Equitable Property Division
Oklahoma is an equitable property division state. Under equitable property laws, a judge divides your property into two categories: separate and marital. Separate property is any property that was yours before you became married, any inheritances, or gifts from third parties — that is, anyone who is not your spouse. Marital property is any property you acquired during your marriage that’s also not an inheritance or third-party gift.
A judge will let you keep any separate property, unless stated otherwise in your premarital agreement, and will equitably distribute any marital property between you two. A judge distributes marital property based on several factors, such as income differences and child custody, so you shouldn’t assume that you’ll get half, and your fiancé will get half if you ever divorce. But you can agree to 50-50 in your prenup, if that’s what you want, because a prenup overrules any equitable or community property laws so long as certain conditions are met.
What You Should Know
There is still more to know before you draft and sign your prenup. For example, your prenup can’t include stipulations regarding child custody. You can’t agree not to place an order of child support either. Lastly, your prenup must be written and signed voluntarily by you and your fiancé.
Full DisclosureOne of the most important aspects of enforcing a premarital agreement or a post-marital agreement is that it was signed by both parties and both parties disclosed their finances to each other. An enforceable premarital agreement reads a bit like a financial statement. It does this because it contains all the assets of both marital partners before they enter into the marriage. This makes absolute sense because the element of a voluntary agreement isn’t met if one of the signers to the agreement isn’t fully appraised of what they are giving away in the prenup.
Oklahoma Prenuptial Agreement Attorney
For more information on prenups and protecting your property, consult with an experienced Oklahoma prenuptial attorney. Many clients have trusted Kania Law Office’s experienced family law attorneys to review and create prenuptial agreements. Call Kania Law Office today for a free consultation at (918) 743-2233 or contact us online to learn more.