Free Oklahoma Prenuptial Agreement Template

An Oklahoma prenuptial agreement, called an antenuptial marriage contract in the state’s probate code, is a written agreement made before marriage. State statutes give these contracts special weight in estate matters.

The key rules come mainly from contract and probate statutes.

Put It in Writing

First, the statute of frauds, 15 O.S. § 136, covers agreements made upon consideration of marriage. It lists them among the agreements that must be in writing, although mutual promises to marry are excepted. The party to be charged must subscribe the writing.

Wills Yield to the Contract

Next, under 84 O.S. § 44, a will is subservient to any antenuptial marriage contract in writing. In other words, a written prenup outranks a conflicting will.

Intestate Shares Can Be Limited

Finally, 84 O.S. § 213 sets the rules for dividing an estate without a will. Those rules apply to property not otherwise limited by an antenuptial marriage contract. The default shares depend on who survives, and some turn on property built through joint industry.

Oklahoma protects surviving spouses. For deaths on or after July 1, 1985, § 44 limits what a spouse can will away. The survivor must still receive at least an undivided one-half interest in property the couple acquired by joint industry during the marriage.

Moreover, the surviving spouse may elect that one-half interest instead of what the will provides. At the same time, the same section places wills below written antenuptial marriage contracts.

As a result, a written Oklahoma prenuptial agreement is the natural place to address that share. However, the interaction depends on how courts read these provisions. For that reason, have an Oklahoma attorney review any estate terms before you sign.

1. Start by identifying joint-industry property. Think about earnings and assets you’ll build together.
2. Decide on estate terms. Address the survivor’s share and intestate rights directly.
3. Share financial information. Both partners should understand what’s at stake.
4. Put signatures on the final contract. Both partners sign it in writing.
5. Coordinate your wills. Make sure they’re consistent with the agreement, since § 44 places the written contract ahead of any will.

An Oklahoma prenuptial agreement typically covers:

• Assets each partner owned before the wedding
• Treatment of property acquired by joint industry
• Rights at death, including the survivor’s share
• Intestate inheritance terms
• Divorce-related property and support terms
• A schedule of each partner’s assets and debts
• Both partners’ signatures