Prenuptial agreements, sometimes referred to as premarital or antenuptial agreements, are contracts the parties enter into prior to marriage, which specifies certain rights. When entering into a marriage certain precautions sometimes need to be taken into account. For example, if one of the parties is a great deal wealthier than the other a prenuptial agreement may need to be signed. Another situation may be a family heirloom that needs to stay with the original family, so a prenuptial agreement needs to be executed to avoid a stressful situation down the road. Unfortunately, the circumstances surrounding a prenuptial agreement can be very cold and unromantic, however, sometimes a necessary form of protection.
Prenuptial agreements can help to provide a clear picture of who owns what separate property at the outset of a marriage, which may clear up potential conflicts if the parties end up seeking a divorce. By agreeing before marriage how property should be distributed upon divorce or the death of one spouse, individuals can be sure that their property is handled according to their wishes. In addition, couples can reduce some of the uncertainty that accompanies a new marriage and will be free to focus on the health of their relationship. Generally, a prenuptial agreement must be voluntary and entered into without fraud, overreaching, duress, or coercion. If the agreement is not fair and just, there must be full disclosure.
Our family law attorneys can provide you with assistance and counsel when you are putting together your prenuptial agreement in compliance with applicable Oklahoma laws. If you are in need of a legal opinion from an attorney knowledgeable regarding prenuptial agreements, contact our office for a consultation.