When a Prenuptial Agreement is Needed
Be practical. Divorce is quite common these days. We know that love and trust are the two pillars of successful marriage, but there are so many things that can lead a marriage to take its last breath. Marriage is not a piece of paper, it is liabilities, responsibilities and more. We obviously do not encourage divorce, but there should be a guard with which you can protect yourself from a failed or troubled marriage.
You may not plan to have a divorce in the future, but it is essential to have a pre-marital agreement known as a prenuptial agreement or "prenup". A prenup is not any kind of insult to your betrothed or future marriage; it might even strengthen your marriage by taking material possessions out of the issues married couples have to work through. If you’d rather be safe than sorry, consult with our family law attorney in OKC.
Why Do You Need It?
If you have a significant property that you want to protect in the event of a divorce, you should enter into a pre-marital agreement. However, an agreement should be reached for any asset that is expected to benefit you and your spouse both or was inherited by either spouse. There could be several reasons for reaching an agreement, but the most important reason is asset protection so that there is no trouble in the future.
If you have a troubled marriage and want to split from your partner, an agreement will save you from future conflict. It includes guidelines for various issues such as life insurance, assets, wills and estates, property agreements, liabilities or obligations, etc.
What Can’t a Prenup Cover?
A prenup has no adverse effect on child custody; you have to consult your family law attorneys for this separately. If the prenuptial agreement has waived spousal support, it may not be enforceable after divorce. If the spouse who waived the right was not present when it was determined, the court has full right to invalidate it.
Similarly, if a spouse was not present while making the agreement or was not fully informed and aware of the ramifications, the court may invalidate it. If you plan to get married, come to our family law attorney in OKC at Mazaheri Law Firm to make your prenuptial agreement.