Oklahoma has long recognized prenuptial agreements as valid. Prenuptial agreements are entered between a couple prior to their marriage. These agreements are designed to protect each of the spouse’s interests in their assets should their marriage fail. Oklahoma courts routinely enforce the terms of prenuptial agreements. The use pf prenuptial agreements is increasing throughout the country. Along with increased favorable attitudes about this kind of agreement there are many different reasons people choose to negotiate and enter into prenuptial agreements.
Reasons for Prenuptial Agreements:
There are many reasons people choose to enter into prenups. A well written pre-marital agreement must include provisions protecting the parties’ interest in assets owned before the marriage or certain business assets if you own a business. The agreement can also establish a division of marital property and even debt in the event of a divorce or death. In addition, the agreement can help establish your estate planning to ensure that your side of the family is secure in their inheritance from your estate. In sum an agreement assumes authority otherwise belonging to state courts. The court will no longer need to divide your assets and debts because they will have been previously established by you. When drafting a this kind af agreement you will want to assure that it is enforceable.
Drafting an Enforceable Prenuptial Agreement:
Oklahoma uses the Uniform Prenuptial Agreement Act (UPAA) to determine the enforceability of prenuptial agreements. An improperly drafted prenuptial agreement can be invalidated in court. To draft an enforceable agreement you must satisfy certain requirements. At the outset, the parties to a prenuptial agreement must engage in a mutual and full disclosure of their own financial position. This means disclosing all of their assets and debts prior to signing the agreement. In addition the terms cannot violate public policy. For example, a term that waives support rights in the event of a divorce has been held to violate public policy. Finally, the court must find that the agreement is fair to the spouse challenging the agreement. If you are already married it is not too late. You and your spouse can negotiate and enter a Post-Nuptial Agreement
Post-Nuptial Agreements in Oklahoma:
Post Nuptial Agreements are a relatively new development in the law. Unlike prenuptial agreements, post nuptial agreements are negotiated and entered after the marriage of the parties. Similar to prenuptial agreements, post-nuptial agreements are deemed valid and enforceable by the courts. To be enforceable, post nuptial agreements must be in writing and signed voluntarily and intentionally by each party. Also similar to a prenup each party must make a full and fair disclosure to the other of his/her assets, liabilities, and income. Finally, the agreement must be fair to the spouse raising a challenge.
Pre-Nup Attorneys Near You
If you’ve got questions regarding premarital agreements our Tulsa family law attorneys have answers. Long gone are the days when this kind of agreement was considered unusual. Today getting a divorce isn’t as unusual as it was years ago. In fact the chance of getting divorced are well known to us all. You can help resolve potential problems dividing property way in advance of a potential divorce. This may even make the marriage itself a little better. Call our divorce and family attorneys today for a free consultation
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