Prenuptial agreements are a smart option for many couples. While the notion of a prenup agreement oftentimes comes with negative connotations, there are many advantages to these agreements. Prenup agreements give you a safety net in the unfortunate event you and your spouse decide to separate down the road.
Suggesting that you and your soon-to-be spouse sign a prenup agreement can certainly be emotionally challenging, but imagine how you may feel if you find out the agreement is actually invalid. In order to avoid the emotional trauma that would likely come along with this, we think it is important for all couples to understand the most common mistakes made when executing a prenup agreement
Here is a list of some of the most common mistakes made in regards to prenup agreements:
- Failing to protect yourself. One of the biggest mistakes made with prenup agreements is failing to fully understand what goes into a prenup agreement, which may result in one or more parties being left unprotected. Be sure to retain a lawyer who will go over the agreement with you, read and understand the agreement, and negotiate the prenup well in advance of your wedding.
- Lack of independent representation. It is important that both parties have independent and separate attorneys when drawing up a prenup agreement. The job each attorney will be to ensure his or her client fully understands the prenup and signs the document voluntarily.
- Failing to fully disclose all assets. When drawing up a prenup agreement, it is important that both parties fully disclose all of his or her assets, properties, and debts. If this does not occur, the court may deem the agreement invalid.
- Including child support provisions. Unfortunately, prenup agreements cannot have any clauses or provisions relating to the children in the marriage. If one or both parties does include instructions regarding custody or child support, the court will most likely disregard these suggestions and may even opt to invalidate the entire agreement.
- Choosing ambiguous language. When it comes to prenup agreements, it is crucial that the language used is very clear. If your prenup includes ambiguous wording, it may make it more susceptible to being challenged in court. This is one of the main reasons why it is imperative to enlist the services of an Oklahoma attorney from Atkins & Markoff.
With a team of compassionate prenup attorneys, we strive to educate all of our clients on a wide range of topics in order to ensure their emotional and financial security should something happen with their marriage. To set up a consultation with one of our Oklahoma lawyers or to learn more about your rights regarding prenup agreements, please contact us today.