Dedicated Prenuptial Agreement Assistance for West Chester, Hamilton and Mason Residents
A prenuptial agreement is a signed contract between you and your potential spouse that designates how you would like your property distributed upon divorce. Ideally, the agreement addresses and resolves issues like spousal support, expenses during the marriage, and the division of debts and property. If you divorce without a prenuptial agreement in Ohio, a judge will seek to equitably distribute your marital property. The court will divide your marital property in a way that’s deemed fair, but not necessarily equal.
Requirements and Allowances Specific to Ohio
Ohio has several requirements to create a valid prenuptial agreement and allowances on several aspects of such an agreement.
These include that you and your potential spouse must disclose all your assets and debts to one another before signing the agreement. Ohio family law also includes a provision that removes property from the marital estate – which is subject to division in a divorce – if the property is addressed in the prenuptial agreement. Because Ohio decides custody on the basis of the child’s best interests, state law disallows future spouses to address in advance custody of any children that the marriage might produce.
Ohio also allows for a severance clause agreed to by both spouses that can preserve the remainder of the agreement even if the court finds one part of the agreement invalid. Also, both you and your spouse must have adequate time to review the agreement—in other words, an Ohio judge will throw out a prenuptial presented to a future spouse the night before a wedding.
In addition, two witnesses must be present when you and your potential spouse sign the agreement.
State law doesn’t require that you have legal counsel during the prenuptial process, but it’s definitely in your interest to have an experienced attorney review your agreement to ensure that it’s fair.