Planning Your Future Together — What Legal Agreements Mean for Your Marriage
When people decide to marry, they often focus on love and commitment, but there are important legal steps you can take to protect your financial and personal interests. One of these steps is entering into a premarital agreement, sometimes called an antenuptial or prenuptial agreement. These are contracts made before marriage that outline how property, finances, and sometimes other matters will be handled during the marriage and if it ends.
Originally, such agreements were mostly used by wealthy individuals to protect assets in case of death. Today, with nearly half of marriages ending in divorce, premarital agreements are more common and can cover issues like division of assets, spousal support, and attorney fees. They allow couples to set clear expectations and avoid uncertainty or conflict later on.
For those entering into a second or third marriage, or who have significant property or family responsibilities, these agreements can be a practical way to protect what matters most. They offer a chance to privately decide the financial terms of marriage, rather than relying solely on what state law would provide. Discussing and agreeing on these issues before marriage can also reduce stress and conflict if the relationship ends.
Anyone considering a premarital agreement may benefit from consulting a Marriage lawyer to ensure the agreement is fair, clear, and legally valid under Oklahoma law.
How Premarital Agreements Work Under Oklahoma Law
In Oklahoma, a premarital agreement must be in writing and signed by both parties to be valid. The law does not require the agreement to be notarized, but having signatures is essential. The contract must be made in contemplation of marriage, meaning it is created because the couple plans to marry, and marriage itself is the consideration or exchange that supports the agreement. Okla. Stat. tit. 15 § 125.
Oklahoma courts interpret these agreements similarly to other contracts. They look at the language of the agreement, the circumstances when it was made, and how the spouses acted during the marriage to understand what the parties intended. The court usually respects the agreement if it appears fair and both parties willingly signed it, even if the court does not deeply investigate the couple’s personal intentions at the time. Thomas v. Dancer, 1953 OK 365; Leonard v. Prentice, 1935 OK 427.
The agreement can cover a wide range of financial topics, such as property division, spousal support, and attorney fees. However, it cannot legally enforce personal or marital duties like how household chores are divided, sexual relations, child custody, or religious choices. While including these in the agreement may show the couple’s intentions, courts do not impose penalties or enforce these personal matters. Okla. Stat. tit. 15 § 125.
If you want to discuss these complex matters or draft a premarital agreement that fits your needs, a Tulsa lawyer experienced in family law can provide guidance and help protect your interests.
Why Premarital Agreements Can Prevent Future Hardship
Entering into a premarital agreement during a time when trust and open communication are strong can make a big difference if the marriage ends. It reduces uncertainty and can limit the stress and financial burden of divorce proceedings. Couples who have clearly defined their rights and expectations often experience fewer disputes and less costly litigation.
For individuals with prior divorces, children from previous marriages, or significant assets, these agreements offer a way to protect those interests in a way that state law might not. They also allow couples to create terms that feel fair to them personally, even if those terms differ from the default legal rules.
However, the agreement must be made with some form of consideration—usually the promise to marry—and should be fair to both parties. If one spouse waives important marital rights but receives little or no benefit in return, the agreement’s validity could be challenged (In Re: Cobb’s Estate, 1956 OK 299).
Given the complexity and importance of these agreements, seeking professional legal advice from a reputable family law firm like Wirth Law Office helps ensure your premarital agreement is properly drafted and enforceable.
Contact a Tulsa Lawyer Today
Legal agreements before marriage can shape your financial future and provide peace of mind, but they require careful planning and clear understanding of Oklahoma law. If you need legal help, call Wirth Law Office at (918) 879-1681. Their experienced attorneys can guide you through the process and help you protect your interests with a premarital agreement tailored to your situation.
