Usually when a couple marries both spouses fully intend to stay together for the rest of their lives. However, life can be unpredictable and people are prone to change, regardless of a couple’s love for one another. This is why many couples choose to create a prenuptial agreement to protect their assets and outline how property and finances will be handled in the event of a divorce. The goal of a prenuptial agreement is to avoid a contentious divorce process in the unfortunate case that a married couple decides to split up.
What is a prenuptial agreement?
Under Oklahoma law, a prenuptial agreement is a legally binding contract between two individuals who are preparing to marry. The agreement typically addresses issues such as property division, spousal support, and any other financial matters that the couple wishes to outline in advance. In order for a prenuptial agreement to be enforceable in Wagoner, it must meet certain requirements.
Enforceablility of prenuptial agreements
One important requirement for a prenuptial agreement to be enforceable is that it must be in writing and signed by both parties. Additionally, both parties must fully disclose their assets and liabilities at the time the agreement is signed. Failure to provide full disclosure of assets and liabilities could result in the agreement being deemed invalid in the event of a divorce.
Another important aspect of enforcing a prenuptial agreement in Wagoner is that both parties must enter into the agreement voluntarily and without any coercion or duress. If one party can prove that they were pressured into signing the agreement or that they did not fully understand its terms, a court may invalidate the agreement.
Also, the terms of the prenuptial agreement cannot promote divorce. For example, the terms of the agreement may provide that one spouse will receive an extraordinarily large portion of the assets upon divorce. If the court deems that portion of assets is disproportionate the judge may not allow the prenuptial agreement to be enforced.
Prenuptial agreements and children
It is also important to note that a prenuptial agreement cannot be used to waive a party’s right to child support or to limit child custody and visitation rights. Therefore, even if a prenuptial agreement attempts to predetermine those arrangements regarding a child, the judge will not honor those terms. In Oklahoma, courts always prioritize the best interests of the child when making decisions regarding child support, custody arrangements, and visitation rights regardless of what a prenuptial agreement says.
Contested prenuptial agreement
Although spouses may have entered into a prenuptial agreement in good faith, you never know what can happen in the future, especially when it comes to a contentious divorce. Emotions may be intense between you and your spouse which could lead to escalating conflict. Your spouse may decide to try to challenge the prenuptial agreement. This means you will have to defend the enforceability of the prenuptial agreement through litigation.
Consult with a Wagoner family law attorney
If you need to take legal action to enforce a prenuptial agreement, it is important to consult with a Wagoner family law lawyer who can review the agreement and provide guidance on the best course of action. Even if you only suspect your spouse is thinking about potentially challenging your prenuptial agreement you will want to consult with a Wagoner family law attorney. The lawyer will analyze the legal language within the agreement in order to determine any potential weaknesses in the enforceability of the contract, anticipating what type of legal arguments your spouse will likely make in challenging the prenuptial contract.
If your spouse has already filed a motion to throw out the prenuptial agreement, a Wagoner family law attorney can look at on what grounds your spouse is arguing to have the prenuptial agreement thrown out. The lawyer will then be able to craft an effective legal strategy in challenging your spouses’s arguments while also filing your own motion to enforce the agreement. As long as you can prove to the court that the agreement meets all legal requirements and both parties entered into it voluntarily, you should be able to enforce the prenuptial agreement.
Contact Wirth Law Office in Wagoner, Oklahoma
If you have questions or concerns about enforcing your prenuptial agreement, it is important to seek guidance from a Wagoner family law attorney who can provide you with the advice and representation you need. However, time is of the essence, especially in a contentious divorce where your spouse will be working to undermine your rights which could lead to an unfavorable divorce settlement. Therefore, be sure to immediately start developing an effective legal strategy immediately with the help of a Wagoner family law lawyer.
For further information on enforcing prenuptial agreements in Wagoner, Oklahoma, please contact Wirth Law Office – Wagoner by calling (918) 485-0335 to schedule a consultation with one of our experienced family law attorneys.
