When marriage is on the horizon, divorce is usually the last thing on the minds of the happy couple. However, there are a range of scenarios where it may be a good idea to prepare for unforeseen circumstances by entering into a prenuptial agreement so that if the worst happens, many of the most contentious issues are hammered out in advance.
Family law is widely variable in each state, and that also extends to prenuptial agreements. Specific laws in Ohio govern what can and cannot be included in a prenuptial agreement and the procedural requirements for entering into one.
Prenup Coverage in Ohio
In Ohio, prenuptial agreements are called “antenuptial agreements” and are valid, granted they meet the following conditions:
- The terms must not encourage divorce;
- Each party must enter into it without coercion, fraud, or duress; and
- There must be full disclosure of the nature and value of each spouse’s property.
It’s also vital that both parties review the agreement (and offer revisions) before signing, along with each party having their attorney review the document before calling it final.
More About Ohio Prenuptial Agreements
A prenup can cover most things, but most importantly, an agreement should detail stipulations and plans for most things of value, including liquid assets, business interests, real estate, etc. Both sides must be honest and upfront about the actual value of everything to make the most effective and legally-viable agreement.
A prenup can also outline issues and financial directives relative to previous marriages, children (current or future), and potential retirement plans and assets. A prenup could even detail plans for a beloved pet and what should happen if the couple splits.
What Prenups Don’t Cover
Prenups cannot cover child support and custody agreements.
Trusted Ohio Prenuptial Agreement Guidance
Especially in situations where multiple high-value assets are at stake, a prenup should be drafted by a professional with experience in the area. An experienced West Chester family law attorney will understand the nuances of what goes into these agreements and could even provide invaluable additional insight. Having proper representation could ensure a fair and equitable prenup that fairly showcases the interests of both sides.
If you and your spouse are taking that next step towards marriage, also take the time to consider a prenuptial agreement. Contact Garretson & Holcomb, LLC to draft a prenup that meets your needs. Call (513) 863-6600 to learn more.