In the realm of romantic relationships and marriage, love is a beautiful foundation. However, it's also essential to address the practical aspects that may arise during a marriage, and that's where antenuptial agreements, often called "Prenups," come into play. At Brown & Flesch, PLLC, we understand the importance of balancing love and financial security. In this blog post, we explore the significance of Prenups and why they are essential for individuals entering into marriage, especially in Oklahoma, where post-nuptial agreements are not enforceable.
What is an Antenuptial Agreement (Prenup)?
An antenuptial agreement, commonly known as a Prenup, is a legally binding contract entered into by two individuals before they get married. It outlines the financial rights and responsibilities of each spouse in case the marriage ends, either through divorce or death. While they may not be the most romantic topic to discuss, divorce is sometimes unavoidable and Prenups serve a crucial purpose in protecting your assets and interests in the event this unfortunate outcome becomes your realty.
Not all aspects of your marital future can be accounted for. Future child support, custody arrangements, visitation schedules, etc., are not something you can agree to before they exist. However, alimony or "support maintenance", the division of property and ownership interest in a businesses that you own are aspects that can be contracted for before you enter the marriage.
Importantly, your actions after you execute a prenuptial agreement can transform or even terminate the enforceability of the Prenup. Therefore, Brown & Flesch, PLLC offers strategic advice for you to take with you after you have executed the antenuptial agreement. Our goal is to be your one-stop-shop to put you in the best position to plan for your future.
Why are Prenups Important in Oklahoma?
In Oklahoma, it's important to recognize that post-nuptial agreements, those created after marriage, are not enforceable. This means that once you're married, your options for protecting your assets become limited. Therefore, Prenups are even more critical in Oklahoma for several reasons:
- Asset Protection: Prenups safeguard your pre-marital assets, ensuring they remain your separate property, even in the event of a divorce.
- Debt Protection: They protect individuals from their spouse's pre-existing debts, preserving marital assets from being used to satisfy these obligations.
- Alimony and Property Division: Prenups enable you to define how alimony and property division will occur, providing clarity and fairness, especially in a state where post-nuptial agreements are unenforceable.
- Protection for Children: If you have children from a previous relationship, Prenups protect their financial future, ensuring your assets are distributed according to your intentions.
Working with Brown & Flesch, PLLC on Your Prenup
At Brown & Flesch, PLLC, we specialize in crafting Prenups tailored to your unique circumstances and needs. Our services include:
- Legal Expertise: Our experienced attorneys have in-depth knowledge of family law and can ensure your Prenup is legally sound and comprehensive.
- Personalized Solutions: We work closely with you to create a Prenup that reflects your intentions and protects your interests.
- Open Communication: We prioritize open and respectful communication, ensuring that both parties are comfortable with the agreement.
- Referrals: In order to make this contract as strong as possible, we recommend that both sides of this contract, you and your future spouse, have independent representation. We have the ability to point your fiancé or fiancée in the right direction so that the contract is crafted to your collective liking.
Love is essential, but so is financial security. In Oklahoma, where post-nuptial agreements are not enforceable, creating an antenuptial agreement (Prenup) is a smart and practical decision for individuals who wish to protect their assets, financial interests, and, ultimately, the love they share. At Brown & Flesch, PLLC, we are committed to helping you navigate the complexities of Prenups and providing you with the legal guidance you need. Contact us today to discuss your Prenup requirements and secure your financial future while preserving the love you hold dear.