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The Oklahoma prenuptial agreement is a legal document that regulates the financial relationship between two parties before they get married.
This document is mostly used when one or both parties have accumulated certain assets before the marriage and want to keep them separate from the marital property shared by the spouses.
The common belief is that the parties can only use the prenuptial agreement after marriage. However, this document can include many provisions that regulate the financial relationship between the parties during the marriage, too. The parties can determine what rights and obligations each partner will have towards the marital property.
Laws and Legal Requirements for a Prenuptial Agreement in Oklahoma
Laws and legal requirements for a prenuptial agreement in Oklahoma are based on the precedents established by the Oklahoma courts, as well as the few provisions of the state law since Oklahoma hasn’t adopted the Uniform Premarital Agreement Act.
The case Griffin v. Griffin (2004 OK CIV APP 58 94 P.3d 96) provides a precedent regarding the enforcement of the prenuptial agreement: “The confusion concerning the burden of proof arises primarily because antenuptial agreements, like contracts in general, “can be avoided by a showing of fraud, duress, coercion, overreaching, and the like.”
Signing Requirements for a Prenuptial Agreement in Oklahoma
Section 43-121(B) stipulates that both future spouses must provide their signatures on the prenuptial agreement.
Although the state law doesn’t explicitly require it, the parties should also consider signing their prenuptial agreement form before the notary public. In this way, the notary public will provide additional confirmation of the document’s authenticity, which will prevent potential disputes and fraudulent activities.
Prenuptial Agreement Enforcement in Oklahoma
The Oklahoma prenuptial agreement can be declared unenforceable if one of the parties proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the prenuptial agreement against their will
The other party hasn’t provided complete or truthful information on their financial status
They didn’t or couldn’t know the financial status of the other party
Furthermore, the court can stop the enforcement of the agreement if it makes one of the parties eligible for the governmental financial support program.
What Can a Prenuptial Agreement in Oklahoma Cover?
The parties can use the Oklahoma prenuptial agreement template to cover all the matters related to their financial relationship. This can be done both during the marriage and in case the marriage dissolves.
Below, you can see some of the most common provisions used for the Oklahoma prenup agreement:
Provisions in a Prenuptial Agreement
Provisions outlining the rights and obligations of the parties in terms of their individual property
Right to buy, sell, mortgage, lease, transfer, or manage the property acquired during the marriage.
Rules about the property division in case of a divorce, marriage dissolution, death, or other similar event
Matters related to spousal support and alimony
Matters related to the insurance policy
Rules on the applicable law that will regulate the parties’ financial relationship
In general, the parties are free to include any provisions that will regulate their financial relationship during or after the marriage, as long as they don’t violate state law or public policy.
Prenuptial Agreement in Oklahoma Validity Criteria
The prenuptial agreement should fulfill the basic formality requirements set by the state law to be valid and enforceable. This means that the agreement should be made in writing and that both parties must sign it.
Moreover, the validity of the agreement is also connected with the existence of the marriage. In other words, the document will be considered invalid if the parties don’t get married after signing it.