Oklahoma has long recognized marital agreements as valid. Marriage contracts are entered into between a couple before the marriage. These agreements are intended to protect the interests of each spouse on their property in the event of a marriage breakdown. The Oklahoma courts routinely impose the terms of marriage contracts. The use of marital agreements is increasing across the country. With an increased positive attitude towards this type of agreement, there are many reasons why people choose to negotiate and enter into marital agreements. If you have any questions about pre-marital agreements, our Tulsa family lawyers have answers. The days when this type of agreement was considered unusual are long gone. Today, divorce is not as unusual as it was years ago.
In fact, the chance of divorce is well known to all. They can help solve potential problems that separate the property long before a possible divorce. Even marriage itself can make it a little better. Call our divorce and family attorneys today for a free consultation Whether it`s marital property or not, the post-uptial agreement will protect it. During married life, both spouses will be able to use the property, but after the divorce, they can apply to share possession. The agreement separates a house, accounts can be divided, and other assets can also go through divisions. The precondition is that both parties must agree on this period, since the property was owned by both parties. If the conditions are a favour, the rest can be dealt with according to state law. 17 quotes from Crane with Smith`s permission, et al. v.
Johnson, et al., 144 Neb. 769, 14 N.W.2d 424, with respect to its similar status: “It is observed that section 30-106 refers to a single contract before marriage and is silent on a post-insupitative contract between a man and a woman. This silence, which we consider significant, is significant. If Parliament had wanted to change the common law rule, it would have been easy to include post-up contracts. The same goes for 43 O.S. No. 121. If the legislature intended to subordinate the division of marital property to post-puptial agreements, it certainly could have done so. However, in its current form, P.
121 is clear and unambiguous. No. 43-205. Relationships cannot be changed by contract – separation agreements. 9 Marriage and divorce are statutory creatures, with the state having exclusive control over the establishment, thought and cessation of the conjugal relationship. 43 O.S.1991 No. 1; Williams vs. Williams, 1975 OK 163, 543 P.2d 1401, 1403.
The right of any spouse to participate in the matrimonial estate in the event of a divorce is one of those legal rights. 43 O.S. Supp., 1992 No. 121. These rights can only be extinguished by law. 43 O.S.1991 No. 1. The only legal way to influence the legal right to a fair and equitable division of marital property in the event of divorce is a valid and written subsequent contract. Id. The man`s letter recognizes this.
10 There is no doubt that there was a valid written contract of commitment between the parties. The husband and wife then tried to change this post-mortdal contract. The husband contends that these subsequent agreements were authorized by law1 and jurisprudence.2