Oklahoma Postnuptial Agreement

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Updated August 07, 2022

Or use an attorney at ContractsCounsel to draft this agreement.


An Oklahoma postnuptial agreement is a contract between spouses used to determine how marital property will be distributed if their marriage ends in divorce or death. Because postnuptial agreements are signed by couples who are already married, they are different from prenuptial agreements or “prenups,” which are signed by couples who are not yet married. Couples commonly use both agreements to avoid the uncertainties inherent in the divorce process.

However, in Oklahoma, the legal status of postnuptial agreements is highly uncertain, with different court cases coming to different results. Couples considering obtaining one may want to consider consulting with an attorney. The state also distinguishes between postnuptial and “separation agreements,” which are prepared by couples planning to divorce.

Signing Requirements (Boyer v. Boyer (1996)) – Both spouses are required to sign.

Laws

Unauthorized: Oklahoma Statute does not authorize postnuptial agreements. Hendrick v. Hendrick (1998) (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. Boyer v. Boyer (1996) (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. Witt v. Witt (1954).