There are several financial and emotional benefits to a well-crafted and discussed prenuptial agreement. It is a contract that can define the rights and responsibilities of spouses to assets and debts. This can help each spouse feel more financially secure in their marriage. If a marital agreement is not well done, then it can be unenforceable or even cause financial hardship for a spouse. It is crucial that a Tulsa prenuptial agreement attorney provides legal support to prevent this.
It’s important to be aware of certain red flags when you are presented with a prenuptial agreement. Even if it is not the intention of your spouse or fiancé to create an unfair agreement, mistakes can still be made. An effective prenuptial agreement is one that couples create together and spurs important financial discussions. Understanding the warning signs of a potentially unfair or unenforceable premarital agreement can stop you from agreeing to an unfair contract.
When You Shouldn’t Sign a Prenuptial Agreement
An invalid prenuptial or postnuptial agreement may result in some or all of the agreement being void. You and your partner may have spent significant time and money creating it, only for it to be unenforceable. This is one reason why you want to ensure that the agreement is fair and legally sound.
There are several potential warning signs that you should avoid agreeing to a prenuptial agreement. Your spouse or fiancé may not be aware that the agreement is unfair, but it can still harm one or both of you. Avoiding these mistakes can allow the two of you to create an agreement that actually protects your interests.
Problem #1: Rushed or Last-Minute Agreement
A prenuptial agreement presented in a short period of time before your wedding or a marital agreement that you are pressured to sign quickly are warning signs that you should not sign the agreement. The court may determine this pressure to be duress or coercion, voiding the agreement. Aside from this, you should not sign an agreement that you haven’t had time to review and consider.
You want to avoid signing a marital agreement that is presented to you. Many of the benefits of these agreements come from the negotiations and revelations during spousal collaboration.
Problem #2: No Legal Representation
It’s crucial that you and your partner work with an attorney while negotiating, drafting, and reviewing the agreement. Not only can this ensure that your agreement is legally valid, but it can also limit the likelihood of it being unfair to either party. You should never sign a marital agreement without legal representation.
Problem #3: Vague Provisions
A prenuptial or postnuptial agreement has to be very clear when addressing assets, debts, and the rights that each party has to them. If there isn’t enough detail in the agreement, it may be impossible to enforce. Your discussions with your partner should be straightforward and specific. It is important to have an open conversation about financial needs and concerns, and the agreement should reflect this.
Problem #4: Impossible or Immoral Provisions
Marital agreements are meant to address financial concerns. Clauses that require spouses to look or behave in a certain way are typically unconscionable. Illegal provisions or those that require you to be in financial hardship are also unenforceable.
You should also review the agreement for clauses with impossible requirements. This may also mean that the agreement is unenforceable, but you could also see consequences for failing to uphold unrealistic requirements. Provisions like these may also suggest that a partner is controlling.
Problem #5: More Protection for One Spouse
The goal of a marital agreement is to provide financial certainty for both spouses. These agreements are more commonly used when one spouse has more assets or debts, but they should not only address their assets. Your marital agreement should consider the assets and debts of both parties, providing financial stability for both of you. If the court does not void an unfair agreement, you could be unprotected and face financial hardship.
FAQs
Q: What Is Considered Unconscionable in a Prenup in Oklahoma?
A: What is considered an unconscionable prenup in Oklahoma is a marital agreement that is unreasonably unfair, such as placing one spouse in significant financial hardship or only protecting the assets of one spouse. Any provisions that are deemed unfair or morally outrageous may be dealt with in several ways by the family court. The court may refuse to enforce the contract, limit the unconscionable clause so that the agreement is fairer, or enforce the rest of the contract except the unconscionable clause.
Q: What Constitutes Duress in a Prenuptial Agreement in Oklahoma?
A: What constitutes duress in a prenuptial agreement in Oklahoma is determined by how Oklahoma contract law defines duress, which may include:
- The illegal confinement of the other individual who entered into the contract, their spouse, or another relative
- Illegal detention of the property of the person
- Lawful confinement of the person, but it was secured through fraud or made to be unjust, harassing, or oppressive
A prenuptial agreement entered into under duress does not meet the requirements of contract law and is thus unenforceable.
Q: What Cannot Be Included in a Prenuptial Agreement?
A: Some terms cannot be included in a prenuptial agreement, including:
- Provisions for child custody, child support, or a parenting plan, as these choices must be made during a divorce and in the child’s interests, which cannot be determined in advance
- Waiving alimony in some states
- Non-financial personal preferences that a spouse must adhere to, such as looking a certain way
- Requiring a spouse to agree to or allow illegal behavior
- Anything that would encourage divorce
Prenuptial agreements must usually only include financial matters to be enforceable.
Q: Are Prenups Enforceable in Oklahoma?
A: Yes, prenups are enforceable in Oklahoma, assuming they follow contract law and marital agreement guidelines. Contract law requirements include both spouses signing the agreement and doing so with capacity and of their own will. Under marital agreement guidelines, the contract cannot be unconscionable or unreasonably unfair. Both spouses must have a full and fair disclosure of all their assets or waive the right to that disclosure. There are also certain decisions in a marriage or divorce that a prenuptial agreement cannot cover.
Creating a Strong Prenuptial Agreement
Although it’s important to be careful of unfair agreements, there are many benefits to a well-crafted marital agreement. Contact Stange Law Firm to see how a marital agreement can help you and your partner protect yourselves and each other.
