The part that trips people up most is that a prenuptial agreement cannot predetermine child custody or permanently waive child support. A prenuptial agreement is a written contract signed by two people before marriage that sets rules for property, debts, income, and financial rights if the marriage ends by divorce, death, or separation. It commonly addresses whether assets stay separate property, whether future earnings become marital property, and whether one spouse may seek alimony. It does not become valid just because a couple discussed it; it must be in writing and signed.

Practically, the document matters because it can narrow later disputes over a house, business interest, retirement account, inheritance, or debt. That can reduce court fights when a marriage ends after major life disruptions, including job loss, relocation, or damage from a disaster. A valid agreement may also control how attorney fees and spousal support are handled, depending on its language and whether a court finds it enforceable.

In Oklahoma, prenuptial agreements are governed by the Oklahoma Premarital Agreement Act, 43 O.S. §§ 201-208. The Act requires a writing signed by both parties and states that the agreement is enforceable without separate consideration. A court may refuse enforcement if a party did not sign voluntarily or if the agreement was unconscionable when signed and was made without fair financial disclosure. In an injury claim, a prenup can affect whether settlement proceeds are treated as separate or marital assets during divorce.