Oklahoma uses the Prenuptial Agreement Act (UPAA) to determine the applicability of marriage contracts. A poorly crafted marriage agreement can be struck down in court. To develop an enforceable agreement, you must meet certain requirements. First, parties to a marriage agreement must make a reciprocal and complete disclosure of their own financial situation. This means that all their assets and debts must be disclosed before the agreement is signed. Moreover, the conditions must not be contrary to public policy. For example, a term that waives the right to assist in the event of divorce was considered a violation of public order. Finally, the court must find that the agreement is fair to the spouse who is challenging the agreement. If you are already married, it is not too late. You and your spouse can negotiate and enter into a post-marriage agreement before a marriage is entered into to protect homes, pension accounts, businesses and other interests in the event of marriage dissolution. They are often used by wealthy people or to care for children from a previous marriage. Most marital agreements are never used, but in the event of a divorce, it simplifies the process.
The Oklahoma Marriage Agreement is for two future spouses who wish to define their property rights and economic interests before marriage. In the event that the marriage ends, the agreement will contain instructions for the allocation of assets between the parties. The agreement may also contain instructions for estate management, business assistance, commercial property, financial liabilities (debts) and real estate ownership. However, the couple cannot contain provisions affecting custody or a spouse`s home activities, and the agreement cannot induce a spouse to divorce. Signing Terms (No. 43-121 (B)) – Both parties must sign the agreement. Post-nuptial agreements are a relatively new development in the law. Unlike marital agreements, negotiations and agreements are concluded after the marriage of the parties after the marriage. Like marital agreements, post-marital agreements are deemed valid and applicable by the courts.