Planning Your Financial Future Together—Before It’s Too Late
When two people decide to marry, they often focus on love and commitment, but marriage also brings important legal and financial changes. In Oklahoma, couples can choose to create prenuptial or postnuptial agreements to clearly define how property, assets, and support will be handled, either before or after the wedding. These agreements provide a way to set expectations and avoid confusion or disputes if the marriage ends by divorce or death.
A prenuptial agreement (also called an antenuptial or premarital agreement). is a contract made before marriage. It allows couples to privately arrange how their property and financial matters will be treated during the marriage and if the marriage ends. Okla. Stat. tit. 84, § 44. A postnuptial agreement is similar but is signed after the couple is already married, often in hopes that divorce will never happen. Both types of agreements can cover issues like dividing property, spousal support, and attorney fees.
Not only do these agreements protect individual assets, but they also allow each spouse to maintain control over property acquired before the marriage or given as gifts. This can be especially important for people entering a second or third marriage, or for those with significant assets or family responsibilities. In fact, courts in Oklahoma have upheld agreements that include waivers of spousal support upon divorce, emphasizing the binding nature of these contracts when fairly made. Hudson v. Hudson, 1960 OK 70, 350 P.2d 596; Freeman v. Freeman, 1977 OK 110, 565 P.2d 365.
Couples who negotiate these agreements when trust is high often find that it makes any future divorce process less stressful and less costly. A frank discussion about expectations can also help resolve major differences before marriage, setting a clearer path forward.
For those navigating these complex decisions, experienced Tulsa lawyers can provide essential guidance to ensure that agreements meet legal standards and truly reflect the couple’s intentions.
Understanding What Premarital and Postmarital Agreements Can Do For You
Premarital agreements are most commonly used to decide property rights and financial responsibilities in case the marriage ends, either by death or divorce. While traditionally such contracts protected wealthier individuals, today many couples use them to clarify asset division, spousal support, and other financial matters before tying the knot.
Oklahoma law recognizes these agreements as long as they are made voluntarily, with full financial disclosure, and are not unconscionable. This means both parties should understand what they are agreeing to and not be pressured or misled. The agreements can cover a wide range of issues, including how property will be divided, whether alimony will be paid, and who will be responsible for attorney fees if the marriage ends.
Postnuptial agreements serve a similar purpose but are created after marriage. They can address changes in circumstances or clarify financial arrangements that weren’t discussed before the wedding. Although less common, postnuptial agreements are valid in Oklahoma and can be an important tool for couples seeking to manage their assets and expectations.
Because these contracts can be complex and affect your rights profoundly, working with knowledgeable marriage lawyers is important. They can help draft clear, enforceable agreements that protect your interests and comply with state law.
How Oklahoma Courts View Prenuptial and Postnuptial Agreements
Oklahoma courts have generally supported the enforcement of prenuptial agreements, especially when they are fair and made with full disclosure. The landmark case Hudson v. Hudson recognized that spouses may agree in advance to waive alimony rights in case of divorce, a position that was ahead of its time and now widely accepted. Okla. Stat. tit. 43 § 110.
Likewise, the Freeman decision reaffirmed that agreements controlling property division before marriage are valid and should be upheld to prevent future disputes. These rulings reflect a broader trend toward respecting the parties’ autonomy in deciding how their financial affairs will be handled.
However, courts will carefully review these agreements for fairness and whether both parties understood their rights. If a contract was signed under duress, without proper disclosure, or is grossly unfair, it might be challenged.
Because of these complexities, it is wise to consult with attorneys experienced in family law early in the process. They can help ensure your agreement will stand up in court if challenged and that you fully understand your rights and obligations.
Contact an Experienced Tulsa Lawyers Today
If you are considering a prenuptial or postnuptial agreement, the legal landscape can be complicated and emotionally charged. The Wirth Law Office offers clear, compassionate guidance tailored to your unique situation. If you need legal help, call Wirth Law Office at (918) 879-1683 to discuss how to protect your future with a carefully drafted agreement that reflects your wishes and complies with Oklahoma law.
