Answers To Common Questions About Marital Agreements In Ohio

If you are considering a prenuptial or postnuptial agreement, or have been asked to sign one of these marital agreements, it is natural to have many questions. These contracts are serious, legally binding documents that affect your financial future.

At Baker & Wick LLC, our Columbus attorneys have over 40 years of combined experience guiding clients through these complex family law issues. Here, they provide answers to some of the questions we often get asked about prenuptial and postnuptial agreements. If you still have questions about your specific situation, we are available by appointment to provide detailed guidance.

What is the difference between a prenuptial agreement and a postnuptial agreement?

The key difference between these two agreements is the timing. A prenuptial agreement, also called an antenuptial agreement, is a contract that couples enter into before they get married.

A postnuptial agreement is a similar contract, but it is signed after the couple is already married. Both agreements serve the same purpose. Each of these marital agreements defines how financial and property issues will be handled if the marriage ends in divorce or death.

Why should a couple consider getting a prenup or postnup?

Any couple can benefit from a prenuptial or postnuptial agreement. They are not just for those who are wealthy. You should consider getting one if you are entering the marriage with significant assets, have children from a previous relationship, own a business or have a substantial amount of premarital debt. These agreements are also helpful if you are expecting a large inheritance or want to protect family heirlooms. They provide clarity and certainty about your separate and marital finances.

What issues can be covered in these agreements?

Marital agreements can cover a wide range of financial issues. Some of these issues can include:

• Discuss the division of property: A marital agreement can determine how assets and debts will be divided in a divorce.
• Identify separate property: An agreement can also define what property remains separate.
• Establish spousal support: In addition, these agreements can establish the terms for spousal support, including whether it is waived or limited.

However, these agreements cannot govern issues of child custody and visitation or establish child support. The court must always decide those matters based on the child’s best interest.

Are prenuptial and postnuptial agreements enforceable in Ohio?

Yes, both prenuptial and postnuptial agreements are legally valid and enforceable in Ohio, provided they meet certain requirements. These requirements include:

• Written: A prenuptial agreement or a postnuptial agreement must be in writing to be enforceable.
• Signed: Both parties must sign the agreement.
• Voluntary: These agreements must be entered into voluntarily without fraud, duress or coercion.
• Full disclosure: Additionally, both parties must provide a full and fair financial disclosure of all assets and debts.

If you are considering signing a marital agreement, an experienced marital agreement lawyer can protect your rights and interests. If you have questions about whether or not the agreement you signed is enforceable, we can help you assess the facts and circumstances of your situation.

Can these agreements protect business or inherited assets?

Yes. Prenuptial and postnuptial agreements are excellent tools for protecting separate property such as a business you started before the marriage or an inheritance you received. The agreement can clearly state that the business, its future income or the inherited funds will remain your separate property in the event of a divorce. This is essential for preventing these assets from being classified as marital property subject to division.

What makes a prenup or postnup invalid or unenforceable?

An agreement may be deemed invalid or unenforceable if it was signed under duress. For example, if the agreement was presented just days before the wedding, it could be considered as having been signed under duress. It may also be invalidated if there was fraud, a failure to fully disclose financial information or unconscionable terms. The court will not enforce any provision that promotes or encourages divorce.

Do both spouses need separate attorneys when creating these agreements?

A lawyer cannot ethically represent two clients who have different interests because there is an inherent conflict of interest. A marital agreement is more likely to be deemed enforceable in the future if each spouse has their own attorney who is familiar with Ohio family law and divorce in Ohio.

When both spouses have independent legal counsel, it helps ensure that both parties fully understand their rights, the terms of the agreement and the legal ramifications. This also significantly strengthens the agreement’s enforceability in court by showing that the contract was negotiated fairly.

Talk To A Columbus Marital Agreement Lawyer

A well-drafted prenuptial or postnuptial agreement can be one of the best ways to protect your long-term financial stability. Our family law attorneys can help you understand your options and rights.

To schedule an appointment, you can call us at 614-697-2627. You can also send us a message through our website.