Divorce with a Prenuptial Agreement
Hi, I’m Palmer Johnson. I’m a Tulsa divorce attorney and welcome to my video series where I answer frequently asked questions I get from clients about family law issues. And today I am talking about prenuptial agreements and specifically what is the difference in the divorce process if you have a prenuptial agreement. And I would say that in some regards the process is going to be very similar to what it would be without a prenuptial agreement. With one large exception that if you have a valid prenuptial agreement then the court’s only going to be dividing the marital assets that were obtained during the marriage.
They’re going to equitably divide the marital estate which could be the increase in value of property that was brought in separately to the marriage. In other words, perhaps there’s equity. Maybe there was $100,000 in an investment account and 10 years later there’s $800,000 in that investment account. So potentially that growth could be a marital asset that the court might need to divide up between the parties. Additionally, you’re going to be looking at things like the controlling law.
Enforceability of Prenuptial Agreements
Where was the prenuptial agreement executed? What did the parties intend to be the controlling law? If it was done in Oklahoma and Oklahoma law is going to control that agreement then you could be looking at some enforceability depending on which side of the equation you’re approaching the agreement. If you’re attacking it or if you’re seeking to enforce it and as a general rule things that are going to ensure that you have a validly enforceable prenuptial agreement.
Are going to be things that happened at the time that the agreements entered into essentially like any contract. That there’s a fair and complete disclosure of the other person’s assets. That the other person wasn’t asked to sign the document under duress. Meaning on the steps of the courthouse. You picture the bride in the church getting ready for the wedding and all of a sudden her groom’s attorney comes in and says I need you to sign this document.
Consult with an Attorney
If you are in the process of getting a divorce or considering a divorce and you’ve got a prenuptial agreement, I’d be happy to consult with you about that and provide you with board direction on your specific case. I can be reached at 918-770-7117 and would look forward to setting up a low-cost consultation with you to talk to you about how I can help protect your rights and make sure that you aren’t subject to an unfair or unenforceable prenuptial agreement or conversely that the other side isn’t able to attack your valid prenuptial agreement.