What is antenuptial/prenuptial agreement?
An antenuptial (or prenuptial) agreement is a legally binding contract between two people entering into a marriage. This type of agreement outlines the rights and responsibilities of each party in the event of a divorce. In Oklahoma, antenuptial agreements are covered by the Domestic Relations section of the Oklahoma Statutes. Antenuptial agreements can cover a variety of topics related to the divorce, from the division of assets or debts to how alimony and child support payments will be handled. It’s important to note that these agreements cannot cover any topic that would be considered unlawful or violate the laws of the state. For example, child custody arrangements and visitation schedules cannot be included in an antenuptial agreement. In Oklahoma, antenuptial agreements must meet certain requirements in order to be enforceable. First, both parties must enter into the agreement voluntarily, without coercion or fraud. Additionally, both parties must fully disclose their financial assets, debts, and income. Each party must also have the opportunity to obtain legal advice from their own separate attorney before signing the agreement. Antenuptial agreements can be beneficial for couples because they can provide clarity and peace of mind during a divorce. These agreements can easily be modified before or after marriage, if both parties agree to do so. It’s important to remember that it’s always best for couples to discuss their wishes and expectations before getting into a marriage and agree to a prenuptial agreement. This can help ensure that both parties are aware of the expectations and limits of the relationship, should the marriage end in divorce.
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