Oklahoma Marital Settlement Agreement
An Oklahoma marital settlement agreement lets divorcing spouses divide their jointly acquired property and debts, set spousal support, and address custody and child support, then have those terms approved and made part of the divorce decree. Attorney review available.
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Introduction
In Oklahoma it is unlawful to marry someone new within six months of a divorce decree (43 O.S. 123), and that decree can incorporate a marital settlement agreement, the written contract divorcing spouses use to settle their property, debts, spousal support, and (by reference) custody and child support, so the terms are approved and made part of the decree that ends the marriage. Oklahoma is an equitable distribution state: property the spouses acquired jointly during the marriage is divided as the court finds just and reasonable, meaning a fair division that is not necessarily equal, while property owned before marriage or acquired in a spouse's own right is confirmed to that spouse as separate property (43 O.S. 121). A marital settlement agreement is where you propose that division yourselves instead of leaving it to the court. Oklahoma has no statewide formula for alimony; a court may allow support alimony out of the other spouse's property as it thinks reasonable (43 O.S. 121), weighing the requesting spouse's need and the other spouse's ability to pay. Child support follows the Oklahoma Child Support Guidelines (43 O.S. 118 and 119), and custody and child support stay subject to court approval and remain modifiable, so an agreement cannot bargain them away. Where minor children are involved, the court will not issue a final order for at least ninety days from filing (43 O.S. 107.1), and it is unlawful to marry someone new within six months of the decree (43 O.S. 123). DocDraft builds your Oklahoma marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Where minor children are involved, an Oklahoma court will not issue a final divorce order for at least ninety days after the petition is filed, and an Oklahoma marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be approved and made part of the decree that ends the marriage.
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Oklahoma is an equitable distribution state: property acquired by the spouses jointly during the marriage is divided as the court finds just and reasonable, a fair division that is not necessarily equal (43 O.S. 121).
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Separate property is confirmed to its owner. The court confirms in each spouse the property owned before marriage and the undisposed of property acquired after marriage in that spouse's own right (43 O.S. 121), so separate property is generally not divided.
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Oklahoma has no statewide formula for alimony. A court may allow either spouse such alimony out of the other spouse's property as it thinks reasonable (43 O.S. 121), and Oklahoma courts weigh factors such as the requesting spouse's need and the other spouse's ability to pay.
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Child support follows the Oklahoma Child Support Guidelines (43 O.S. 118 and 119). Spouses may propose an amount, but it is subject to court approval; custody and child support stay court approved and modifiable and cannot be bargained away.
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Once the court approves the agreement, its terms are incorporated and merged into the decree of dissolution and become enforceable as part of the court order. The court still reviews the agreement before it is entered.
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Where minor children are involved, the court will not issue a final order for at least ninety days from the date the petition is filed (43 O.S. 107.1), and it is unlawful to marry a new person within six months of the divorce decree (43 O.S. 123).
Key decisions before you file
Before you file a Marital Settlement Agreement in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Oklahoma Requirements for Marital Settlement Agreement
Equitable Distribution, Not Equal
Oklahoma is an equitable distribution state. Property acquired by the spouses jointly during the marriage is divided as the court finds just and reasonable, a fair division that is not necessarily a 50/50 split (43 O.S. 121).
Separate Property Confirmed to Owner
The court confirms in each spouse the property owned before marriage and the property acquired after marriage in that spouse own right (43 O.S. 121). Separate property is generally not divided, so a marital settlement agreement should identify what each spouse keeps as separate.
No Statewide Alimony Formula
Oklahoma has no statewide formula for alimony. A court may allow either spouse such support out of the other spouse property as it thinks reasonable (43 O.S. 121), weighing the requesting spouse need and the other spouse ability to pay. No statewide percentage or duration is fixed.
Child Support Follows the Guidelines
Child support follows the Oklahoma Child Support Guidelines (43 O.S. 118 and 119), which create a rebuttable presumption of the correct amount based on the parents combined income. Parties may propose an amount, but only subject to court approval.
Custody and Child Support Stay Modifiable
Custody and child support terms in an Oklahoma marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be and cannot be bargained away.
In Writing and Signed
An Oklahoma marital settlement agreement must be in writing and signed by both spouses so it can be presented to the court for approval. No Oklahoma statute requires notarization, but signing before a notary can help prove the signatures are genuine.
Ninety Day Wait and Remarriage Limit
Where minor children are involved, the court will not issue a final order for at least ninety days from filing, though it may waive that for good cause (43 O.S. 107.1). It is unlawful to marry a new person within six months of the decree (43 O.S. 123).
Approval and Incorporation Into the Decree
Once the court approves the agreement, its terms are incorporated and merged into the decree of dissolution and become enforceable as part of the court order. The court still reviews the terms before the decree is entered, so approval is never guaranteed.