Helpful Ohio Postnuptial Agreement Lawyers
Have circumstances changed during your marriage that require a new understanding? You may be interested in getting a postnuptial agreement.
Ohio law now allows them. They provide a legal framework for spouses to make decisions about how to handle inheritances, family properties, windfalls or opportunities such as a chance to join the family business. For example, what should happen to this benefit if one of you dies or there is a divorce?
You and your spouse probably already agree. If you do – or if you think you could come to an understanding – a postnuptial agreement could ensure the law follows what you agreed to.
At Baker & Wick LLC, we understand these sensitive matters and are here to help you formalize your agreement. Located in Columbus, we represent people throughout central Ohio. Reach out today for an initial consultation to discuss your needs. Call 614-697-2627 or use our online form.
Ohio Now Allows Postnuptial Agreements
In 2023, Ohio law changed to allow postnuptial agreements under certain conditions:
- The agreement must be in writing, and both spouses must sign it.
- The spouses must enter into the postnuptial agreement freely without fraud, duress, coercion or overreaching.
- Each spouse must have full knowledge and understanding of the other spouse’s property.
- The terms of the postnuptial agreement must not promote or encourage divorce or profiteering from divorce.
These rules help ensure that both parties are protected and that the agreement is fair and valid.
What Is A Postnuptial Agreement, And How Is It Different From A Prenuptial Agreement?
A postnuptial agreement is similar to a prenuptial agreement, but you create it during your marriage. While you draft a prenuptial agreement before vows are exchanged, you write a postnuptial contract during your marriage to address new financial circumstances.
For example, suppose you inherit a vacation cabin that has been in your family for generations. If you divorced, would your spouse be able to claim partial ownership of that cabin? Would you like to be sure the cabin stays in your family? A postnuptial agreement can accomplish that.
Or, suppose you work for a family business, and you have a chance to buy in. Should your spouse have an ownership stake in the business? In a divorce, they might – but not if a postnuptial agreement says they do not.
How Do You Even Bring Up The Topic Of A Postnuptial Agreement?
Approaching the topic of a postnuptial agreement should be done thoughtfully. Talk with your spouse openly about any new inheritance, property or benefit, and express your desire to clarify how to manage it within the marriage. Emphasize that a marital agreement like this isn’t about predicting a divorce; it is about planning responsibly for the future.
Does Each Spouse Need A Lawyer For A Postnuptial Agreement In Ohio?
While Ohio law does not mandate separate attorneys for entering into a postnuptial agreement, it is a good idea. Having individual lawyers gives each spouse a chance to understand and protect their individual interests, minimizing potential conflicts or misunderstandings.
What If You Change Your Mind Later?
Life is unpredictable, and circumstances can change. Something could alter how you view the property or benefit your postnuptial agreement covers. Luckily, you can change the contract if both parties agree and you meet all legal criteria for amendments, just as you did with the original agreement.
Reach Out For A Consultation With A Lawyer
At Baker & Wick LLC, we provide strategic legal counsel to help married couples make fair decisions about how to handle their property. Whether you’re considering drafting a postnuptial agreement or seeking advice on other family law matters, our experienced attorneys are here to assist you. Contact us by phone at 614-697-2627 or fill out our contact form to schedule an initial consultation and learn how we can support you.
