Can You Get a Prenup After Marriage?

A prenuptial agreement is a well-known tool for couples wanting to protect their assets before tying the knot. But what happens if you are already married and wish you could put a similar agreement in place? At Inner Vision Legal, we understand that life brings changes, and unexpected situations may occur that leave you wanting to plan for the future, even after your wedding day.

The short answer is that you cannot get a “prenup” after marriage, but you can create a similar document called a postnuptial agreement.

• Prenuptial Agreements: Created before marriage, these are generally enforceable in Oklahoma if they meet legal standards.
• Postnuptial Agreements: Created after marriage, their legal recognition can be less certain. Oklahoma courts have shown mixed results in enforcing them.

It is important to understand the distinctions and legal standing of both of these types of marital agreements in Oklahoma.

What Makes a Marital Agreement Legally Enforceable?

For any marital agreement to be considered valid, certain conditions must be met. These are designed to ensure fairness and prevent one party from being taken advantage of. Key requirements typically include:

• The agreement must be in writing. Oral agreements are not legally binding.
• Both parties must sign the document voluntarily. There can be no evidence of coercion, duress, or fraud.
• There must be full and fair disclosure of all assets and debts. Both individuals must have a clear overall picture of the other’s financial situation.
• The terms must be fair and equitable. An agreement that is grossly one-sided may be challenged and overturned by a court.

Having separate attorneys review the agreement for each party further helps verify that these requirements are met and both partners’ interests are fairly represented.

Is It Too Late to Create an Agreement After Marriage?

It is never too late to plan for your financial future. While a prenuptial agreement is no longer an option once you are married, as it must be drafted and signed before a marriage begins, a postnuptial agreement serves a similar purpose, allowing spouses to define how assets and debts would be divided in the event of a divorce or death.

However, it is important to note that postnuptial agreements tend to face far more legal scrutiny in Oklahoma than prenuptial ones. Some courts have upheld them, while others have not. Because the enforceability of postnups is not guaranteed, a prenuptial agreement drafted by a skilled attorney remains the most reliable option for asset protection in Oklahoma.

How Can an Attorney Help Protect Your Interests?

Properly drafting any marital agreement requires professional legal guidance. If you do want to create one after marriage, an experienced family law attorney can provide support and protect your rights throughout the process by:

• Helping you understand the legal requirements for a valid marital agreement in Oklahoma.
• Facilitating transparent discussions about finances, helping to ensure full disclosure.
• Drafting a comprehensive document that clearly reflects your intentions and is structured to be as legally sound as possible.
• Advocating for your interests, creating a final agreement that is fair and equitable.

An attorney can also assess your circumstances and goals and advise you on whether a postnup may be viable in your situation.

Secure Your Future with Confidence

While postnuptial agreements do exist, their legal standing in Oklahoma can be uncertain, making prenuptial agreements the more dependable choice. Yet, whether you are considering a prenuptial or postnuptial agreement, the decision to protect your assets and secure your family’s future is a prudent step. The team at Inner Vision Legal is committed to providing the legal guidance you need to make informed decisions about these and other family law matters. Contact us today to schedule a consultation and learn how we can help you navigate your legal needs with clarity and confidence.