Updated May 17, 2023
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An Oklahoma prenuptial agreement is for two future spouses who would like to define their property rights and economic interests prior to marriage. In the event that the marriage ends, the agreement will provide instructions for the distribution of assets between the parties. The agreement may also include directions for the management of an estate, alimony support, business ownership, financial liabilities (debts), and real estate ownership. However, the couple cannot include provisions that affect child support or a spouse’s domestic activities, and the agreement cannot incentivize a spouse to divorce.
Laws
Case – 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.”