How Can Prenuptial Agreement Impact Divorce?

The divorce method is quite simple, regardless of the state in which you reside. One spouse files a request for divorce ("complaint") and the other spouse generally files a reply ("answer"). This is accompanied by an exchange of data on different elements of marriage that is component of the process of divorce discovery. If the couple is unable to fix all of their divorce-related problems, they will end up in court hiring divorce lawyers in OKC, where a judge will decide for them on the problems. But adding a prenuptial (prenup) agreement usually changes the normal event flow.

What Is It?

A prenuptial agreement is a contract that the parties have entered into before they marry. It is a signed, recorded and notarized document that generally describes the allocation of children's custody-related property, liabilities and problems if the marriage disintegrates in the future.

It is a formal written contract duly signed and witnessed by both sides listing the products carried by the spouse at the moment of the marriage and the goods provided to the spouse (and vice versa).

The main prenup clauses cover problems such as the allocation of assets obtained collectively or individually during marriage subsistence, the custody of any kids, the division of responsibilities related to childcare, the establishment of an upper alimony limit, etc.

Prenup and Divorce Proceedings

The prenup has probably already solved some of the problems you would normally discuss as part of the divorce. This has some apparent advantages. You may need less discovery, for instance, especially with respect to products handled by the contract. And, as the divorce moves forward, it could assist to decrease tension and decrease the need for court involvement in managing issues. As a result, the lawyers and the court do not have to do as much to resolve the case as they normally would. Obviously, this is a nice thing, as it should cut legal charges and enable the method to move forward more quickly.

Negative Sides of Prenup

The most popular instance of a divorce-negative prenup is when one of the spouses asks the tribunal to dismiss the deal. For this, there must be a lawful reason; but the issue lies in it. A judge will have to review all the conditions concerning the preparation and signing of the contract for a tribunal to determine if the prenup is valid.

It must fulfill certain requirements to be valid for a prenup. The contract, for instance, must be written and free of fraud (like a partner who deliberately fails to disclose property or earnings). Similarly, when the contract was signed, the spouse contesting the contract must not be forced, coerced or mentally disabled (such as under the impact of drugs or alcohol). Furthermore, the contract cannot be "unconscionable," which means grossly unfair (such as where one of the spouses would be left destitute to uphold the agreement). These are just some of the variables that will be examined by a tribunal in deciding if a prenup can be enforced.

However, it will involve more discovery to get the tribunal the facts it wants to create this choice. Now, besides getting the usual financial and parenting data that existed during the marriage, the divorce lawyers in OKC will also have to dig into what occurred before the marriage. They will look at anything (including telephone discussions and emails) that could shed light on the comprehension of the prenup process by the couple, as well as their state of mind when the contract was negotiated and finally signed.

All the extra work needed due to the prenup— and one spouse contesting it— is probable to result in a substantial rise in legal charges. And, the divorce process itself can be prolonged.

Contact Foshee and Yaffee for divorce lawyers in OKC.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.