Prenuptial Agreements Oklahoma Law

by Zach Waxman on October 20, 2013

The Benefits of Having a Pre-Nuptial Agreement in Oklahoma

Without a doubt, pre-nuptial agreements are considered to be a foreboding omen of bad luck among many couples across the United States.  Specifically, it is often the case where people view these types of agreements as unnecessary, in that they believe they function to treat a marriage like a business contract rather than a sacred and sacrosanct bond between two people.   Others view a pre-nuptial agreement as a threat to the trust that two people should have in each other, both before and during a marriage.   Notwithstanding, the fact of the matter is that a pre-nuptial agreement can provide a couple with a litany of benefits.  If you are contemplating entering into a pre-nuptial agreement or have heard a number of myths associated therewith, it is important for you to consider the positive aspects of these types of agreements, such as:

  1. Reduces the expenses associated with a divorce.  Since 50% of marriages currently end in divorce, it is definitely worth considering the costs associated with filing such an action. Should each party’s respective rights be spelled out in a pre-nuptial agreement, it can effectively reduce conflicts and other problems that can lead to expensive legal bills and other associated expenses.

  2. Preservation of property.  Parties to a pre-nuptial agreement are able to preserve the status of the property and financial assets that they bring to the marriage as “separate”.  This may be highly beneficial should the parties decide to divorce or, if one spouse has obligations to support a child or spouse from a prior marriage.

  3. Debt protection.  If one spouse comes to the marriage with debt, a pre-nuptial agreement can protect the other spouse from being forced to satisfy his or her debts that were incurred prior to the marriage.

  4. Protects family heirlooms.  A pre-nuptial agreement is an ideal way in which a party to a marriage can keep their family heirlooms out of the marital estate. This is beneficial in a situation where the heirlooms are earmarked in an estate document for children of a prior marriage or to specific relatives.

  5. Protects a family business.  A family business is extremely important to protect, especially in light of the income it generates and the property it owns. Pre-nuptial agreements are a great way in which to preserve the status of the business as one belonging to the family.

  6. Reduces conflict during a divorce.  By entering into a pre-nuptial agreement, it provides a couple with guidelines over “who gets what” in a divorce.  As such, there is less to argue and debate about during the pendency of their divorce.

  7. Certainty.  A pre-nuptial agreement is an ideal way in which prospective spouses can set out their respective expectations regarding their finances, assets and other aspects, resulting in the parties knowing exactly what to expect in the event of a death or divorce.

  8. Protects family members.  Oftentimes, pre-nuptial agreements protect the interests of children from a prior marriage.  This way, a spouse can protect his or her children and/or family members who would otherwise lose out to marital property in the event of death or a divorce.

Overall, it is important to understand that pre-nuptial agreements, especially in Oklahoma, will be rendered unenforceable by a judge should they not be improperly (meaning, the terms of unfair, coercive, etc.) and in accordance with the law.  As such, a family law attorney is in the best position to assist you in discussing all of the above factors and additional ones that may pertain to your case to ensure that you have a fully enforceable and well-drafted document that is protective of your interests.

Is a Prenuptial Agreement Right For Me?

For more information on whether a pre-nuptial agreement is right for you, or if you are facing any type of family law matter, contact the Family Lawyers Group at (918) 742-3555 to schedule your initial case evaluation. Don’t wait to obtain the qualified and highly dependable legal representation you need.  Call us now to learn more about how we can make a difference for you.

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