Although entering into a marriage is an exciting time, it is advisable to think practically and consult an attorney to ensure you are both protected in the long run. In addition to being a romantic union, marriage is a type of financial partnership where you and your partner combine your assets to provide for your future. If you and your partner later decide to divorce, you could have difficulty determining how to divide your property and other assets. However, if you and your partner enter into a marital agreement, either before or during your marriage, you could set out the terms more clearly and alleviate future stress.
If you are considering entering into a marital agreement, a knowledgeable Tulsa marital agreements lawyer could review your legal options with you. Call today for a free consultation with an experienced family law attorney.
You can enter into marital agreements either before the marriage, in a prenuptial agreement, or sometime during the marriage, in a postnuptial agreement. Unlike some other states, Oklahoma does not set forth any specific statutory requirements for marital agreements. Like any other type of contract, a marital agreement must be in writing, signed by both parties, and there must be some consideration. Although there is no set legal standard as to what makes a marital agreement fair, it cannot be unconscionable. While the agreement does not need to provide for an equal distribution of your assets, both you and your partner should receive some benefits.
An experienced local lawyer will be familiar with how to draft a marital agreement that complies with the law in Tulsa.
A binding marital agreement can clearly express how your property should be divided in a divorce. When couples split up, tensions are often high, and it can be difficult to reach an agreement on anything. One party might try to hold on to an asset just to get even with their former spouse. The biggest advantage of a marital agreement is that you and your partner will have fully agreed to the terms in advance. Instead of trying to decide upon terms in a stressful negotiation or mediation with a contentious spouse, with a marital agreement, you and your partner can rely on the terms that you agreed upon before or during your marriage.
Many divorcing couples are so unhappy with their former spouse that they are unable to reach an amicable settlement and need to rely on a judge to decide how to divide their property fairly, in accordance with Oklahoma’s equitable distribution standard. A marital agreement takes the discretion out of a judge’s hands and gives it back to you and your partner so you can maintain complete control of what will happen to your property in the event of a divorce. A marital agreement can allow a more peaceful ending to a marriage by eliminating uncertainties.
Our seasoned Tulsa attorneys have successfully helped many couples enter into binding marital agreements.
Marital agreements can help you when entering into a marriage as well as once you are already married. Preparing in advance could save you from divisive battles in the future. A marital agreement is a solution that can benefit your family if your marriage is unsuccessful.
Call a dedicated Tulsa marital agreements lawyer today to learn how we could assist you.
(918) 744-7100