Prenuptial Agreements

Oklahoma does not allow a prenup to decide what happens with child custody or child support. A court will always have the right to make those decisions, because both affect the best interests of your minor children.

Oklahoma law is unclear on whether a prenup can be modified after a couple is married, or whether spouses can enter into what is called a “postnuptial agreement.” Because of that, there is significant risk in negotiating a postnup or modifying an existing prenup, since either may be unenforceable. Talk with an attorney before changing an agreement you already have.

Prenups generally set the terms for any spousal support a spouse may receive if the couple divorces. They often require that the spouses be married a specific amount of time before any support is owed, and the amount may increase the longer the marriage lasts. Talk with an attorney to see what spousal support could look like for you in a prenup.

A prenup can set the rules for what counts as separate property and what counts as marital property. Many prenups provide that property acquired during the marriage remains separate unless the spouses agree in writing that it is marital. If you want to protect your separate property, call an attorney today.

Oklahoma allows a prenup to be set aside if it was signed under fraud, duress, or coercion, or without full disclosure of assets, but it is not easy. To make sure that your prenup is enforceable, talk to an attorney today.