Are Prenuptial Agreements Valid in Oklahoma?
Though Oklahoma has not adopted the Uniform Prenuptial Agreements Act, which seeks to provide a common interstate framework for the agreements, prenups, are generally considered valid and enforceable in Oklahoma. Not only that, they can provide needed clarity for a variety of questions regarding finances, such as the division of assets in the event of divorce, or the handling of a spouse’s estate in the event of their death.
However, there are a few things to bear in mind regarding prenups, and we aim to cover them in this article.
Why Get a Prenup in Oklahoma?
There are a variety of reasons one may consider getting a prenuptial agreement in Oklahoma.
Prenuptial agreements can do the following:
- Establish clearly defined roles and responsibilities regarding the finances of each respective spouse
- Provide guidance for questions regarding alimony and the division of assets in the event of divorce
- Relay instructions on the handling of a spouse’s estate in the event of their death
Prenups can protect your business from being considered “marital property,” which is subject to division in the event of divorce. They also ensure you are not considered liable for any debts your potential spouse may have going into the marriage. Prenups can be helpful if one parent exits the workplace be a homemaker, providing a monetary basis for their work.
As much as we like to focus on the romantic aspects, marriage is also a financial arrangement, and it’s important to make sure you make the right decisions in regard to your finances. Having a valid prenuptial agreement in Oklahoma can give you valuable peace of mind going in, knowing you are better prepared for various contingencies that may take place.
If you want to make sure you secure a valid prenuptial agreement in Oklahoma, a qualified prenup lawyer in Tulsa can help.
When Is a Prenup Unenforceable?
Prenuptial agreements mainly pertain to financial aspects of a marriage. They aren’t intended to establish the duties and obligations each spouse has toward the other. For example, a prenuptial agreement that says sex must take place at least twice a week won’t be recognized by Oklahoma courts.
More broadly, a prenup in Oklahoma will be considered unenforceable if:
- The agreement is not considered equally fair for both parties
- One of the two parties entered into the agreement under duress
- Either spouse did not fully declare their assets and liabilities beforehand
- It provides an incentive for divorce
Prenuptial agreements also cannot be used to address child support, visitation, or custody questions.
Strategy Session With a Tulsa Prenup Lawyer
Marriage is a serious life decision, not to be entered into lightly. It’s in your best interests to make sure you’re protected prior to going in. If you are thinking about getting a prenup in Oklahoma, contact Wirth Law Office – Tulsa. Our Tulsa prenup lawyers provide consultations on this matter absolutely free of charge. You can contact us at 918-879-1681 or toll-free 1-888-Wirth-Law (1-888-947-8452). If you’d like, you can also submit a query via the “Ask the Lawyer” form on the right side of the page.
Whatever method you choose, an Oklahoma family lawyer will reach out to you promptly.
