An Oklahoma postnuptial agreement is a contract between married spouses outlining the division of marital property upon divorce or death.
Unlike prenuptial agreements (“prenups“), which are made before marriage, postnuptial agreements are made after. These agreements aim to sidestep divorce uncertainties. However, in Oklahoma, their legal validity is unclear due to varying court rulings. Couples should consult an attorney. The state differentiates these from “separation agreements,” created when couples intend to divorce.
Legal Considerations
- Signing Requirements: Both spouses’ signatures are required (Boyer v. Boyer (1996)).
- Dividing Property: Equitable division (§ 121(B) (2023)) Manhart v. Manhart, 725 P.2d 1234 (Okla. 1986).
- Opposing Legal Stances
- Not Permitted: Under Oklahoma law, postnuptial agreements are not recognized. This grants each spouse statutory rights to marital property that cannot be waived or altered through a contract (§ 121).
- Permitted: Oklahoma law allows spouses to enter into agreements with each other to modify their legal relationship concerning property. It acknowledges the validity of contracts made after marriage that amend prenuptial agreements (§ 204).
Asset and Property Rights
Capacity to Contract
Spouses can engage in transactions with each other or others regarding property, akin to if they were single, but must adhere to trust-related rules. [1]
Marriage and Divorce
Separation Agreement
Spouses can’t change their legal status through contracts, except for property matters and in writing for an immediate separation, including support arrangements. [2]
Mutual consent is enough for a separation agreement regarding support during separation. [3]
Married Women’s Rights
A woman maintains her legal identity and rights post-marriage, with equal protection for all rights, including seeking legal redress independently, similar to her husband. [4]
