A no-contest clause in a prenup can have an effect on divorce proceedings. Prenuptial agreements (or “prenups”) are legal contracts couples sign before marriage to outline how property, debts, and other issues will be handled if the marriage ends. Some prenups include a no-contest clause, which is designed to discourage either spouse from challenging the agreement later. But how does such a clause affect divorce proceedings in Oklahoma?
What Is a No-Contest Clause in a Prenup?
A no-contest clause (sometimes called an “in terrorem clause”) states that if one spouse challenges the validity or enforceability of the prenuptial agreement, they risk losing some or all of the benefits they would otherwise receive under the prenup.
In short, it is meant to deter legal challenges by creating significant consequences for contesting the contract.
Enforceability in Oklahoma
Oklahoma generally enforces prenuptial agreements as long as they are:
- Entered into voluntarily, without fraud, duress, or coercion.
- Based on full and fair disclosure of assets and debts.
- Not unconscionable (extremely unfair) at the time of signing or enforcement.
When it comes to no-contest clauses, Oklahoma courts may uphold them, but they will carefully scrutinize whether the clause is fair and consistent with public policy. For example:
- If a spouse had a legitimate reason to challenge the prenup (e.g., fraud or hidden assets), a court may not enforce the no-contest clause.
- If the challenge is frivolous or without merit, the clause is more likely to be applied.
How a No-Contest Clause Affects Divorce Proceedings
There are several ways a no-contest clause can have an impact of divorce proceedings:
- Discourages Challenges – The clause can make a spouse think twice before contesting the prenup in court, since losing the challenge may mean forfeiting financial rights.
- Speeds Up Divorce – By reducing battles over enforceability, a no-contest clause can lead to a faster divorce process.
- Creates Leverage – One spouse may use the clause as leverage in negotiations, arguing that challenging the prenup could leave the other spouse worse off.
- Potential Litigation Anyway – Despite the clause, challenges still occur. If a spouse believes the prenup was signed under unfair circumstances, they may take the risk of contesting.
It’s important to understand the impacts and limitations of a no-contest clause so that you can know what to expect when filing for divorce.
Oklahoma Divorce Attorneys
No-contest clauses in prenuptial agreements can strongly influence how a divorce unfolds, but they are not absolute. If you are facing divorce and your prenup contains a no-contest clause, we can help. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.