Is a Verbal Contract Enough?—Divorce

While a verbal contract may seem legally binding at first glance, this isn’t always the case. While verbal agreements hold up in court under some circumstances, there are some situations where they won’t be enforced.

Can Verbal Contracts be Enforced in Oklahoma?

Verbal contracts in Oklahoma can be enforced unless a specific statute requires the contract to be in writing. Although these oral contracts are legally binding, putting them in writing lowers the chances of a breach of contract. Different parties tend to have varying recollections of conversations and agreements, so it’s best to put them in writing to avoid any confusion.

Which Contracts Must be in Writing?

In the state of Oklahoma, the following contracts must be in writing to be enforced:

  • Contracts pertaining to real property
  • Contracts that involve leasing real property for more than one year
  • Contracts that will take longer than one year to complete
  • Contracts for selling or buying an item worth more than $500

The Danger of Verbal Agreements in Divorce

Although verbal contracts in divorce don’t need to be written down, the lack of written contracts can make a difficult situation even harder.

During the divorce process, many ex-spouses choose to engage in verbal agreements about child support, child custody, or division of property. At times, emotion may cloud the judgment of either party, and they may rely on a promise for serious matters. In attempts to shield their children from the stress, many of these discussions happen privately, with no witnesses to back up either side. 

For example, one spouse may verbally agree to provide child support every month. However, the other spouse may claim that no child support was paid. Without proper documentation, there is no way to prove that they have been paying this amount every month. 

Verbal Contracts And Child Custody in Divorce

Oral agreements generally cause confusion in child custody cases. One parent may claim to have the child for more days out of the year, thus requiring more child support from the other party. With no written agreement, it’s difficult to uphold these claims or to calculate an accurate number of child support owed.

While parents may come to a verbal agreement outside of court, it’s in their best interest to have a written agreement drafted. This minimizes the chance of misunderstandings. Additionally, if either party involved fails to hold up their side of the agreement, legal action can be taken.

Contact Reddy & Feldhake, P.C. For Divorce Cases

Written documents will always hold more weight than verbal contracts. To ensure that nothing slips through the cracks during your divorce process, trust Reddy & Feldhake P.C. to provide you with representation. 

We provide all our clients with a free 30-minute consultation to figure out how we can give you the best legal experience. Divorce is never easy, but we will do our best to help you complete the process.

To get started, get in contact with us by giving us a call or filling out our online contact form.

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