Protect Your Property Against an Uncertain Future
A prenuptial agreement secures your interests by way of an agreement with a prospective spouse prior to marriage. Sometimes, these contracts are called “prenups” or ante-nuptial agreements. The agreement is entered into before the marriage.
A prenup, when validly entered, can determine how property, liabilities, and other assets are to be handled at divorce if one should occur. In that way, a prenuptial agreement acts as a waiver of rights to property that a spouse might otherwise be entitled to under law at divorce. Prenups are highly technical, and it is best to have a Tulsa prenuptial agreement attorney handle all aspects of a prenup for you.
Are Prenups Valid In Oklahoma?
The good news is that prenups are valid in Oklahoma. They are contracts and the law assumes that people can waive their rights under certain conditions.
All the basic rules of contract law apply to prenups. That is, they must be freely and knowingly entered into. If they are entered into under duress or if information regarding assets is withheld, the prenup will be invalid.
In addition, the division of property must generally be fair. If not, the prenup is open to attack by the other side.
The document must be in writing and signed by both parties. Once signed, it cannot be amended or altered.
Should You Have One?
Every relationship is different. The things that make your relationship unique may also play out at the end of your relationship in both good and bad ways. You may love her easy way with money right now, but that can lose its allure over time.
Prenups can make property division at the end of a relationship much easier. Sometimes, prenups will limit the amount a former spouse can take at divorce. Other times, a prenup can increase the amount the spouse can take.
Let’s say you have a successful business that you have worked up from the ground up. You have spent years of hard work to make the business thrive. You decide you want to get married, but do not wish to have your wife take half of your business should you divorce. A valid prenup can be used to carve out a portion of your business, should you choose, that could help your spouse bridge the gap after divorce while not plunging your business into chaos.
Likewise, a valid prenup can be used to handle the division of any liabilities incurred during your marriage. When it comes to divorce, the settling of property issues is one of the biggest stumbling blocks to getting matters resolved quickly. Having a valid prenup can make this process go much more smoothly at a time when emotions are running high.
What About Alimony?
A prenup may also cover the issue of alimony at divorce. Alimony is equitable relief. It is used to help a spouse build a life again after a divorce.
Alimony is often used in cases where partners are either unequal wage earners or when one partner gives up a career to take care of children or the other spouse. It can be helpful to include alimony in the prenup. A Tulsa alimony attorney is your best resource here.
Finally, a prenup can be particularly useful for a partner who is coming into a marriage with substantial separate property assets. The prenup can be used to characterize those assets as separate property regardless of any later comingling during the marriage.
Oklahoma prenuptial agreements can also cover insurance benefits and inheritance rights. This can provide clarity during a later divorce or death of one of the spouses.
Issues of child custody, child support, and visitation cannot be handled as part of a prenuptial agreement.
How A Tulsa Prenuptial Agreement Attorney Can Help
Each party to a prenuptial agreement should be separately represented by counsel in the drafting and execution of a valid prenuptial agreement. This ensures that the parties have their interests fairly represented and that a party understands the effects of the prenup before it is signed. It also tends to mitigate against later allegations of duress or coercion.
Prenuptial agreements can be complex and technical. It is vital that you work with experienced Tulsa attorney who knows how to protect men’s rights. These agreements can be tailored to the needs of the parties. If you are interested in seeing what a prenup can do for you, speak to a prenuptial agreement attorney as soon as possible.
Free Consultation With A Tulsa Prenuptial Agreement Attorney
Prenuptial agreements can make a huge difference when a relationship ends. They can make the divorce process much easier. Get help to understand how a prenup could help you. To learn more about how a prenuptial agreement can protect your interests, contact a Tulsa men’s rights attorney at Tulsa Dads.Law. A men’s rights attorney appreciates the diverse interests men hope to secure when they enter a new relationship. Call Dads.Law at 918-962-0900 or send a message by clicking the consultation button anywhere on this site.