What happens if you call off your marriage in Stillwater, Oklahoma?
Who keeps the engagement ring?
Or if your marriage is dissolved, who keeps the bank account and gets custody of the kids?
Learn here how to deal with issues preceding marriage in Stillwater.
The Basics of Marriage in Stillwater
Marriage is a contract between two individuals, and marrying couples have a legal responsibility to each other — both before and after getting married.
So, there are often questions prior to the marriage regarding the money spent in anticipation of marriage, as well as what will happen to assets brought into the marriage individually should the marriage be dissolved.
Thus, two of the most common issues preceding marriage in Stillwater are the rules of engagement and prenuptial agreements.
Rules of Engagement in Stillwater
You may be able to reclaim any gift that you gave to your intended spouse prior to your marriage in Stillwater, if you can prove to the court that the gift was given in anticipation of a marriage that did not take place.
For example, if you give your intended spouse an engagement ring in exchange for a promise of marriage, you will be entitled to have the ring returned to you if the marriage does not take place for whatever reason.
You may not, however, recover any gift given that was not predicated on the condition of marriage.
Prenuptial Agreements
Couples can also enter a prenuptial agreement prior to getting married. A prenuptial agreement is a contract between intended spouses that will govern things like the division of property, spousal support, and child custody, which can easily become contentious issues should the marriage fail.
A prenuptial agreement that is entered into prior to getting married is valid if it is written and signed by both parties, and on the condition that the marriage actually takes place.
This, however, does not render the agreement unchallengeable. Either spouse can raise issues with any of the terms of the prenuptial agreement during their Payne County divorce proceedings.
In determining whether to uphold a prenuptial agreement, the court will look at a variety of factors — especially whether the agreement was fair and reasonable at the time it was signed and whether there was full disclosure of each individual’s assets and financial standings.
Even if the court finds that the agreement was fair and reasonable at the time it was signed, the court will require it to still be a fair and reasonable agreement at the time of the divorce.
Typically, so long as the agreement does not leave one spouse or the other destitute, it will be upheld.
Thus, couples can employ prenuptial agreements to plan for and avoid many of the emotionally charged issues that further complicate relationships when a marriage in Stillwater fails.
Initial Strategy Session: Stillwater Family Lawyer
For specific advice on any issues you have preceding, during, and after your marriage in Stillwater, consult with an experienced Stillwater family law attorney.
For a initial, confidential, and no-obligation consultation with an experienced Stillwater family lawyer, simply call Wirth Law Office – Stillwater at 405-673-1600.
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