You get engaged but eventually call off the wedding. Do you get the engagement ring back? Are you already married? If your marriage is eventually dissolved, what happens to the the things you owned prior to getting married? Find out how Oklahoma handles some of the common legal issues that arise prior to marriage in Oklahoma City.
Marriage in Oklahoma City
Marriage is a legally binding agreement between two lawfully eligible individuals. Thus, from the time you agree to marry until your marriage is legally dissolved, each party has a legal responsibility to the other.
Two of the most common issues that arise prior to marriage in Oklahoma City concern money that is spent in anticipation of marriage and what happens to assets brought into the marriage individually should the marriage be dissolved. These questions can be addressed by looking at the rules of engagement in Oklahoma and the state’s stance on the validity of premarital agreements, respectively.
Rules of Engagement in Oklahoma City
You may be able to reclaim any gift that you gave to your intended spouse prior to your marriage in Oklahoma City, 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.
Premarital Agreements in Oklahoma City
To plan for and avoid many of the emotionally-charged issues that further complicate a relationship when a marriage in Oklahoma City fails, marrying couples can enter into what is referred to as a premarital agreement (also known as a prenuptial agreement). A prenuptial agreement is a contract between intended spouses that can 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 and either spouse can raise issues with any of the terms of the prenuptial agreement during their divorce proceedings.
In determining whether to uphold a prenuptial agreement, the court will look at a variety of factors, chiefly whether or not the agreement was fair and reasonable at the time it was signed, and whether or not 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 that it was signed, the court will require it to still be a fair and reasonable agreement at the time of the divorce. Typically, however, so long as the agreement does not leave one spouse or the other destitute, the agreement will be upheld.
Free Consultation: Oklahoma City Family Lawyer
For a free consultation with an Oklahoma City family lawyer, call the Wirth Law Office- Oklahoma City attorney at (405) 888-5400. You may also submit an email question from the top right corner of this page. A family lawyer will respond to your questions as quickly as possible.