An Oklahoma prenuptial agreement is designed for couples planning to marry who wish to establish clear guidelines regarding their financial rights and property ownership before tying the knot. Should the marriage dissolve, this contract outlines how the couple’s assets will be divided.
It can cover aspects such as estate management, alimony, business stakes, debt responsibilities, and property ownership. However, it cannot dictate terms related to child support or the domestic duties of a spouse, nor can it contain clauses that promote the idea of divorce.
Legal Considerations
Case Law:
- Griffin v. Griffin 2004 OK CIV APP 58 94 P.3d 96
- Enforceability: “The confusion concerning 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.”
- Fair Disclosure: “If the antenuptial agreement is “apparently unfair on its face, equity raises a presumption against the validity thereof, and casts the burden upon … those claiming the validity of the contract to show that a full and fair disclosure was made to [the other party] of the extent and value of the property before [the other party] signed it, or that [the other party] was aware to all intents and purposes of the nature, character and value of the estate which she was relinquishing if the marriage took place.”
Signing Requirements: The agreement must be in writing, signed by both parties, and preferably notarized (§84-44).
Dividing Property: Equitable division (§ 121(B) (2023)) Manhart v. Manhart, 725 P.2d 1234 (Okla. 1986).
Common Concerns
Can Prenuptial Agreements Cover Child Custody and Support in Oklahoma?
In Oklahoma, child support is the right of the child, meaning it cannot be waived or altered through agreements between parents. Similarly, decisions about child custody must prioritize the child’s best interests, making it impossible for parents to predetermine custody arrangements via prenuptial agreements.
Courts will dismiss any sections of a prenup attempting to decide future child custody, visitation, or support. During custody evaluations, judges focus on the child’s emotional and physical needs, ensuring any custody order—regardless of its alignment with a prenup—serves the child’s best interests above all.
Enforceability of Prenuptial Agreements in Oklahoma
For a prenuptial agreement to be valid, it must be a written document signed by both parties before marriage. The agreement becomes void if the marriage does not occur.
For enforcement, a prenuptial agreement in Oklahoma must:
- Be considered fair.
- Be entered into voluntarily by both parties.
- Include full disclosure of assets and liabilities by both spouses.
- Provide a clear understanding of each other’s financial status.
- Not encourage divorce.
Most prenuptial agreements meeting these criteria are generally enforceable in Oklahoma, ensuring both parties’ pre-marital understandings are legally recognized.
