When it comes to tying the knot in Oklahoma, love might be in the air, but a prenuptial agreement can be the safety net on the ground. Sure, it might not be the most traditional item on your wedding checklist, but think of a prenup as a way to protect both lovebirds and the nest you’re building together! So, whether you’re a newly engaged Oklahoman, a planner at heart, or just curious about what legal twists the Sooner State adds to ‘forever,’ let’s dive into everything you need to know about prenups and why they might just be your marriage’s most underrated sidekick.
What is a prenup?
A prenup (short for prenuptial agreement) is like a financial game plan couples create before saying, “I do.” It outlines who owns what, who’s responsible for what, and what happens to assets if the marriage hits a rough patch. You may think prenups are only for the rich and famous, but in reality, any couple can benefit from a little pre-wedding planning! This agreement can save a lot of headaches by clearly defining what’s yours, what’s mine, and what’s “ours,” just in case things don’t go as planned.
So, what laws cover a prenup in Oklahoma?
In Oklahoma, there isn’t a special law dedicated solely to prenups. Instead, general contract law and Oklahoma case law rule the roost. (Okla. Stat. tit. 84, § 44; tit.15, § 136). Basically, as long as you’ve got a written agreement signed by both parties, absent any fraud or duress, Oklahoma’s courts will consider enforcing it. But don’t go wild—there are a few must-haves (and must-nots) to make your prenup legit.
Oklahoma prenup requirements
Oklahoma has a few requirements to make sure your prenup holds up in court. Let’s break them down:
- Must be in writing: Prenups must be written and signed by both partners!
- Entered into voluntarily: Both parties need to sign freely—no fraud, duress, misrepresentation, etc.. Also, make sure you understand what you’re signing.
- Full Financial Disclosure: Each partner has to be open about their finances. This includes income, assets, debts, business values, and potential inheritances. No secrets here!
- Fair terms: Lopsided agreements that leave one person high and dry could raise red flags. Things don’t necessarily need to be 50-50, but one person shouldn’t be left destitute or in an egregiously unfair position.
- No fraud or misrepresentation: If there is any clear and convincing evidence of such misdeed, the court will strike it down.
Oklahoma courts use something they call the “Burgess Test” to check if a prenup is enforceable. If your prenup ticks any of these boxes, the court will likely enforce the agreement:
- Fair and reasonable provision for the challenging spouse,
- Full and frank disclosure of financials (before signing); or
- The challenging spouse already knew about the other’s worth.
Basically, Oklahoma courts are pro-prenup, and they do require solid evidence to invalidate one. Griffin v. Griffin, 94 P.3d 96, 100 (2004).
What can you put in a prenup?
The sky’s the limit—or almost! Just make sure you stay within the confines of the law. Here are some typical prenup clauses:
- Division of Assets: Lay out the division of all your assets. What will stay separate, and what will become shared?
- Debts: Decide who’s responsible for any pre-existing or future debt.
- Alimony: Decide whether you are going to waive or adjust spousal support. But keep it fair and reasonable!
- Business Ownership: If you own a business, what do you want to happen to it if you split?
- Future Assets: Safeguard future assets, too, like future income, property acquisitions, inheritances, or investments.
- Family Planning: Whether you have a child or are planning to, think about whether you want to set any assets aside for them and ensure they don’t go to a future ex-spouse. And don’t forget about your fur babies!
Here are some topics you cannot include in your prenup:
- Child Support or Child Custody: These are court matters based on the best interests of the child, so they’re out of your hands.
- Illegal Provisions: Anything that clashes with Oklahoma law or public policy is a no-go.
What happens without a prenup?
If you split without a prenup, Oklahoma’s default divorce laws decide how your property gets divided (Okla. Stat. tit, 43 § 121). As an “equitable distribution” state, it doesn’t always mean a 50/50 split. Instead, a judge will aim for what’s fair, which could be more or less depending on a variety of factors. Plus, alimony might be on the table if the court finds it necessary. In short, without a prenup, you’re leaving the fate of your assets in the hands of a judge, who gets the final say on what’s “just and fair.”
With a prenup, though, YOU keep the power to decide how things will be divvied up in case of a divorce. Yes, that means you can override certain default laws of your state. Think of it as choosing your own adventure instead of letting a judge write the final chapter.
Oklahoma prenup cases in action
Case law is a term used in the legal world for court opinions that shape the law. Oklahoma case law has seen its fair share of prenup challenges, and these cases highlight some of the key principles and requirements for prenups to hold up in court:
Matter of Estate of Burgess (1982)
In Burgess, the court reviewed the enforceability of a prenup after the husband’s death. The couple’s agreement specified that neither spouse would have claims to the other’s property, but when the husband passed away, the wife contested the prenup, claiming she hadn’t fully understood what she was signing. The court applied the “Burgess Test”—a three-part evaluation that’s now a common standard in Oklahoma. The court upheld the prenup because it found the third factor was satisfied. The wife, a savvy businesswoman who had known her husband for a long time, had a general knowledge of his property and finances. This case established that even if a prenup lacks a “fair provision” for one spouse, it can still be valid if the challenging spouse has a reasonable understanding of the other’s financial situation.
Matter of Estate of Burgess, 646 P.2d 623 (Okla. Civ. App. 1982)
The takeaway? Oklahoma courts may enforce a prenup if one spouse has a general understanding of the other’s finances, even if the prenup doesn’t explicitly provide a “fair” financial benefit to the challenging spouse.
Griffin v. Griffin (2004)
In Griffin, the wife challenged the validity of her prenup during divorce proceedings, arguing that her husband had misrepresented his assets when they signed the agreement. She claimed he failed to disclose certain assets, which, she argued, should invalidate the prenup. The court took a close look at the evidence to determine if there was any fraud, misrepresentation, or deceit involved in the drafting of the agreement. Finding no evidence of dishonesty or deception by the husband, the court concluded that the wife did not provide “clear and convincing evidence” of misrepresentation.
The court then turned to the Burgess Test factors to further examine the agreement. In this case, the court found that all three factors were satisfied: the prenup included a fair provision for the wife, the husband had disclosed his financial information adequately, and the wife had general knowledge of his financial worth. With all factors of the Burgess Test met, the court held the prenup as enforceable.
Griffin v. Griffin, 94 P.3d 96 (Okla. Civ. App. 2004)
The bottom line? Oklahoma courts require strong evidence to overturn a prenup. If the challenging spouse can’t provide clear and convincing proof of fraud, deceit, or misrepresentation, the prenup will likely stand.
In re Marriage of Neundorf (2005)
The Neundorf case involved a prenup with provisions that allowed each spouse to retain separate property acquired before and during the marriage. Over time, the wife used her separate funds to invest in farms and machinery. When the couple divorced, they had already divided most assets according to the prenup, but there was disagreement over the treatment of some items purchased with the wife’s separate funds.
The court ultimately ruled that, according to the prenup, each spouse should retain their own separate property. To balance things out, the court ordered the husband to pay alimony in lieu of property division, as some of the assets he retained were originally purchased with the wife’s separate funds. The husband contested the court’s interpretation of “separate property,” arguing it shouldn’t apply to investments made during the marriage. However, the court upheld the prenup, stating that the original intention of the couple was for each to keep their separate investments, regardless of timing.
In re Marriage of Neundorf, 131 P.3d 142 (Okla.Civ.App. Div. 3,2005)
The moral of the story? Oklahoma courts often look to the original intent of the couple when interpreting prenup provisions, showing that clarity in a prenup pays off.
Should I hire an attorney in Oklahoma?
Technically, you don’t have to have a lawyer to draft a prenup in Oklahoma. An Oklahoma court may look at the presence or absence of a lawyer if your prenup is challenged, but there’s no requirement to have one. However, if you want peace of mind, we highly recommend hiring an attorney! An Oklahoma-licensed attorney can ensure your interests are protected, and it provides extra protection if the prenup is ever challenged.
The bottom line on prenuptial agreements in Oklahoma
Well, there you have it! Everything you need to know about getting a prenuptial agreement in Oklahoma! Just make sure to follow the state laws such as putting the agreement in writing, signing it, and financial disclosure. And make sure you steer clear of child custody and support clauses in your agreement. The agreement should be reasonable, and both partners should voluntarily enter into the agreement. With all of these things in mind, you are well on your way to an enforceable document. Happy planning!
Jess Perillo is a legal intern at HelloPrenup, and is currently a third-year student at Suffolk University Law School. She is an Article Editor on Suffolk Law Review, and is especially interested in legal research and writing. Jess is passionate about exploring the ways technology can help close the justice gap and make legal services more accessible.
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