Some people think that only wealthy people should consider drafting this type of an agreement. That is not true. A prenuptial or postnuptial agreement can be very helpful in many scenarios! They can help soon-to-be married couples establish a financial plan as well as assist married couples keep finances and spending in agreed upon levels. There are many financial areas these agreements can address.

Have you thought about what might happen if your marriage ends in a divorce? When a marriage ends, often times seemingly simple things can become complicated and messy. A properly drawn prenuptial or postnuptial agreement is designed to settle all the couple’s affairs in the event of death or a divorce. This type of “certainty” can relieve a lot of marital stress and pressures.

VIDEO: How To Get A Postnuptial Agreement in Dayton, Ohio.

WHAT IS A PRENUPTIAL AGREEMENT IN OHIO?

A prenuptial agreement is a contract executed BEFORE the couple marries. It must clearly define the couples’ present financial affairs and include how they are to be treated in the event of a divorce or death. The circumstances surrounding the disclosures and timing of the agreement needs to be done to avoid arguments that one party did not voluntarily execute it – such as the wedding is in only a few days. Child custody and child support cannot be included.

WHAT IS A POSTNUPTIAL AGREEMENT IN OHIO?

A postnuptial agreement is a contract that has been signed AFTER a couple become married. It must clearly define the couples present financial affairs and include how they are to be treated in the event of a divorce or death. It can address all property whether acquired before or after marriage. There is less concern about the timing of its execution as long as it is after the marriage and before filing for a divorce or dissolution. Child custody and child support cannot be included. It can amend or revoke a prenuptial agreement.

WHAT PURPOSES CAN A PRENUPTIAL AGREEMENT AND POSTNUPTIAL AGREEMENT ACCOMPLISH?

1. Without a valid pre or postnuptial agreement, in the event of a divorce or death a Court will follow to Ohio “equitable” and statutory law provisions.
2. Establishing a pre or postnuptial agreement can create certainty regarding property and debt allocation and the payment terms for spousal support/alimony in a divorce.
3. Have your finances undergone a significant change in recent years since your marriage? A postnuptial agreement can modify or invalidate a prenuptial agreement. It can be used to readjust assets and work in conjunction with your estate planning documents to cover children from a prior relationship.

Now that prenuptial agreements are legal in Ohio, click here to read a second blog on this subject posted on February 25, 2023, on the Ohio Family Law Blog.

WHY MIGHT A COURT INVALIDATE ONE OF THESE AGREEMENTS?

• One party signed the agreement while under duress, or not of his or her free will.
• There was not independent representation for both parties.
• One party failed to fully disclose assets, property holdings or debts in their schedule attached to the agreement.
• The terms of the agreement are so unfair or inequitable as to be considered “unconscionable” by the court.
• The terms are inconsistent, vague or unclear.
• It can not be a verbal agreement. It must be in writing.

HOW CAN HOLZFASTER, CECIL, MCKNIGHT & MUES HELP ME WITH DRAWING ONE OF THESE TYPE OF AGREEMENTS?

Drafting these contracts takes great listening skills by the lawyer to clearly understand the goals of the client. One attorney cannot represent both parties. Each party must have his or her own lawyer to negotiate the terms. These agreements are not “one size fits all”. They must be carefully constructed to accomplish the client’s goals and to withstand later Court scrutiny.

Our Ohio postnuptial agreement lawyers have many professional resources for you. They include therapists, financial advisors, appraisers, accountants, and business advisors who can work with you to achieve your goals and formulate a strategy on how to present the idea to your fiance or spouse.

If you have questions, please contact us at (937) 293-2141 to schedule an appointment or an initial consultation which can be conducted either by phone, Zoom or in person. For your convenience you can also use the contact form below.