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The Oklahoma postnuptial agreement is a legal document used to determine the rights and duties of spouses in terms of their individual and marital property. It outlines all of their assets and liabilities until the moment of signing the agreement and determine how their individual and marital property will be managed during the marriage.
However, spouses also use the postnuptial agreement form to define how the property will be divided in case they get divorced. In any case, the postnup agreement secures the interests of both parties and prevents lengthy and expensive disputes about the property division.
The main difference between postnuptial and prenuptial agreements is the moment of signing the document. With prenup agreements, the parties sign the document before the marriage, while with postnup agreements, they do it after they get married.
Laws and Legal Requirements for a Postnuptial Agreement in Oklahoma
The laws and legal requirements for a postnuptial agreement in Oklahoma provide the legal framework for how the postnuptial agreement should be drafted and what provisions it can or cannot include.
One of the most important court cases for determining the legality of the postnuptial agreement in Oklahoma is Boyer v. Boyer (1996). Here, the court provides that there should be a higher level of scrutiny of the postnuptial agreement by stating that:
“Since the relationship of the parties to a postnuptial agreement is one of mutual trust, and the parties do not deal at arm's length, a higher degree of good faith and candor is required.”
Signing Requirements for a Postnuptial Agreement in Oklahoma
The state law provides that the parties to the Oklahoma postnuptial agreement must make their agreement in written form. Moreover, both spouses are required to sign the document either personally or via an authorized representative.
The spouses are, however, not required to notarize their postnuptial agreement. Regardless, they should consider this step whenever possible. The notarization will additionally confirm the authenticity of the document and prevent potential disputes and fraudulent activities.
Postnuptial Agreement Enforcement in Oklahoma
The Oklahoma postnuptial agreement will be considered enforceable if all of the following requirements are met:
Postnuptial Agreement Enforcement Conditions
If each party enters the postnuptial agreement willingly, without pressure, coercion, duress, or any other influence on the other party’s free will
If both parties make a full and truthful disclosure of their financial status by listing all the assets and liabilities they have acquired before signing the prenup agreement
If the provisions about the property division (if they are included in the document) are fair for both parties to the agreement
What Can a Postnuptial Agreement in Oklahoma Cover?
The postnuptial agreement in Oklahoma can cover any aspect of the parties’ financial and non-financial relationships during or after the marriage. However, all of the provisions of the prenup agreement must be in line with state law and public policy.
Here, you can see the matters that are most commonly included in the postnuptial agreement template:
Provisions in a Postnuptial Agreement
Rights and obligations of the parties in connection with their individual and marital property
Right to sell, buy, lease, transfer, mortgage, or manage the property acquired during the marriage
Agreement on how the marital property will be divided in case of marriage dissolution, divorce, death, or any similar event
Matters connected with alimony, insurance, pensions, and more.
Postnuptial Agreement in Oklahoma: Validity Criteria
The first validity criterion for the Oklahoma postnuptial agreement form is connected with the formality criteria set by the state law. This means that the Oklahoma postnup agreement must be made in written form to be considered valid.
Moreover, the validity of the postnuptial agreement also depends on the existence of the marriage. This means that the spouses must sign the postnuptial agreement only after they have entered the marriage. Moreover, the parties can create multiple postnup agreements to regulate different matters connected with their financial or non-financial relationship.