Recently married and wondered if it is possible to get a prenuptial after you have already married?
pre - meaning before, or in advance of
nuptials - two people get married
So, that would be a no.
One could write a contract outlining an agreement of disposition of separate assets and agree that to that date, each waives any claim on anything that might otherwise be a joint asset. It isn't likely to happen, and if things go south, the prospect of one of the parties alleging coercion still would exist, perhaps even more so than an actual prenuptial done in advance of the ceremony.
All in all, might not be worth the expense.
If either or both of you want some kind of agreement it could be done with a "post" nuptial agreement. Since Oklahoma doesn't have community property and uses "equity" there isn't as much to worry about unless you move to some other state.
Starting with an agreement to utilize counseling and if needed "mediation" to resolve conflict would be a good place to begin.
Under Oklahoma law, upon marriage each spouse obtains certain rights to property of the other which are enforceable upon dissolution of their marriage or death of the other spouse. The only exception to these rights is a valid ante-nuptial (prenuptial) agreement.
By definition, a prenuptial agreement must be executed BEFORE marriage. After marriage the law presumes that the spouses have such influence over one another that the law will not allow them to enter into a contract that affects these property rights.
In fact, while spouses can revoke (cancel) a prenuptial agreement after they are married if they both freely agree, our courts have held that, short of cancelling it entirely, they cannot modify a prenuptial agreement after they are married. A post-nuptial amendment to a prenuptial agreement is a post-nuptial agreement, and post-nuptial agreements that attempt to alter these property rights are unenforceable.
That said, Oklahoma law permits spouses to enter into transactions and other contracts with each other, and they will generally be enforceable to the same extent as transactions between unmarried adults, with two exceptions: First, they will be unenforceable to the extent that they purport to alter property rights that can only be altered in a prenuptial agreement. Second, they will be subject to special rules that apply to dealings between people who have a "confidential relationship" with each other. This means, essentially, that they will be enforceable *if* the court that is asked to enforce them determines that the terms are fair, just and equitable considering the parties' relationship and the surrounding circumstances. Unfortunately this doesn't provide much certainty in the meantime. There is no way to know ahead of time whether some court that may examine the contract at some future date will consider the terms to be just and equitable.
Bottom line: If, after you are married, you and your spouse enter into a contract that alters property rights between you, there is a significant risk that a court will not enforce it if your spouse contests it, and by then it will be too late for you to do anything about it.
While there can be some uncertainty in enforcing a prenuptial agreement, the requirements are well established and the risks can be greatly reduced if it is prepared and executed with the assistance of a qualified attorney.
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