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Oklahoma Postnuptial Agreement

An Oklahoma postnuptial agreement is a contract between spouses used to determine how marital property will be distributed if their marriage ends. Postnuptial agreements are signed by couples who are already married.
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Signing Requirements

Both spouses are required to sign.[1]

Laws

Unauthorized: Oklahoma Statute does not authorize postnuptial agreements.[2] (Interpreting Okla. Stat. Ann. tit. 43, § 121 to provide each spouse with statutory rights to marital property that can’t be eliminated with a contract).

Authorized: Spouses may contract with each other and alter their legal relations as to property.[1] (Interpreting Okla. Stat. Ann. tit. 43, § 204 to uphold modifications of prenuptial agreements with contracts signed after marriage).

Separation Agreements: Separation contracts entered into by husband and wife are valid and enforceable in the absence of fraud, overreaching, or unconscionable conduct.[3]