What Is an Oklahoma Postnuptial Agreement?
An Oklahoma postnuptial agreement outlines property, debt, and spousal support division if the marriage ends. Having a postnup in place may prevent unwanted legal disputes.
Without a formal postnup, Oklahoma follows equitable distribution laws under 43 OK Stat § 121. Previous court decisions, including Manhart v. Manhart (1986), affirm the state’s view of property division in divorce. The law permits courts to divide property acquired during the marriage fairly, but not necessarily 50/50.
Equitable distribution doesn’t guarantee a property division outcome that aligns with your expectations. A postnup clarifies your and your spouse’s wishes.
You must already be married to enter a postnup. If you and your partner plan to marry, use a prenuptial agreement to decide on property division beforehand.
Validity of Oklahoma Postnuptial Agreements
Are postnuptial agreements valid in Oklahoma? While no specific statutes outline postnup requirements, the law doesn’t bar them. Per 43 OK Stat § 204, married couples have a right to enter into an engagement or transaction concerning property. In Boyer v. Boyer (1996), the court held that couples have the right to change a postnup after marriage voluntarily.
Consider asking an attorney to review your postnup to confirm it complies with state law.
How to Write a Postnuptial Agreement in Oklahoma
Before drafting a postnuptial agreement, discuss its terms with your spouse, including decisions about:
- Real property division
- Spousal support
- Debt repayments
- Business interests
Use these steps and our Oklahoma postnuptial agreement form to draft a contract that fits your needs:
- Enter personal details: State your and your spouse’s legal name, address, and marriage date and location. List any children from your current or previous relationships.
- Specify property division: Decide how you’ll treat property you acquired before and after marriage. State whether you’ll follow Oklahoma’s equitable distribution principles or divide property another way.
- Assign business interests: Determine how you’ll divide ownership of organizations you started before or during the marriage.
- Clarify debt ownership: Specify whether you’ll share pre-marital debts. Outline repayment responsibilities for debts you incurred during the marriage.
- Choose a tax filing option: Say whether you’ll file income taxes jointly or separately, and how any refunds or taxes owed will be divided.
- Determine household arrangements: List how you’ll divide the marital home if the marriage ends. You may also specify how you’ll share household expenses, such as mortgage and utility bills.
- Declare pet ownership: Define who takes ownership of any pets acquired during the marriage. Use a pet custody agreement to outline pet visitation and financial arrangements.
- Decide on spousal support: State who receives spousal support if the marriage ends. By default, Oklahoma awards alimony and spousal support when courts feel it’s fair, per 43 OK Stat § 121. The postnup can overrule that. Or, you may both choose to waive rights to spousal support.
- Review and sign: Look over the agreement carefully before signing it. Ask a notary to complete a notary acknowledgment to strengthen its validity.
Sample Oklahoma Postnuptial Agreement
View a sample Oklahoma postnuptial agreement to learn about its format. Then, create your own using our template. Download the final copy as a PDF or Word file.
Legal Requirements and Considerations for Oklahoma Postnups
Oklahoma courts may declare a postnup unenforceable if it doesn’t meet legal standards. Consider these factors when drafting your agreement to comply with the law.
Signing Requirements
Both you and your spouse should sign and date the final postnuptial agreement. The state doesn’t require anyone to witness the signing, but notarization gives the postnup an extra layer of legal credibility.
Legal Representation
In Oklahoma, you don’t have to seek legal advice before entering a postnup. Still, it’s a good idea to have a lawyer review the agreement. Your lawyer can confirm it aligns with state laws and properly documents your wishes.
Excluded Terms
Under 43 OK Stat § 205, married couples can’t enter into a contract that alters their legal relations to any matter except property. Don’t include any decisions about child support or custody in your postnup. Instead, use the postnup only for financial matters, such as property, debts, and alimony.
Couples planning to separate may use a divorce agreement to make legal arrangements for child custody and support.
Voluntariness
Courts may not follow a postnup if a spouse proves they didn’t voluntarily sign it. To prevent claims of duress, get an attorney’s opinion before you sign and sign the document in front of a notary.
Full Disclosure
Both you and your spouse should provide a clear inventory of current property and debts, plus a reasonable estimate of their value. The disclosure helps you both understand the items affected by the postnup. If a full disclosure is not made, courts in Oklahoma may invalidate the agreement.
