When two people decide to get married, usually the last thing on their minds is divorce. But, in some situations, it may be a good idea to hope for the best but prepare for the worst by entering into a prenuptial agreement so that if there is a divorce, thorny issues can be avoided. As with laws relating to family matters, each state has its own requirements for prenuptial agreements. These laws govern what can and cannot be included in a prenuptial agreement and the procedural requirements for entering into such contracts.
Conditions for a Valid Prenuptial Agreement in Ohio
In Ohio, prenuptial agreements are called "antenuptial agreements," and are generally permitted under Ohio's family laws. In order for a prenuptial agreement to be valid, it must meet the following conditions:
- The terms must not encourage divorce;
- It must be entered into without coercion, fraud, or duress; and
- There must have been a full disclosure of the nature and value of each spouse's property.
Other important steps to take in order to ensure that a prenuptial agreement is valid are to present the agreement to the other person well ahead of the marriage date, and encourage them to review the agreement with their own lawyer.
Ohio Prenuptial Agreements at a Glance
There is definite value to read the actual text of a statute when researching the law. At the same time, it can be beneficial to also read a summary of the statute in plain English to help you better understand what it says. In the following chart you can read a brief overview of the laws relating to prenuptial agreements in Ohio and find links to relevant statutes.
Ohio Revised Code Title XXXI
|How a Prenuptial Agreement Affects Property Division
Any real or personal property (or interest therein) that's excluded by a valid prenuptial agreement is classified as separate property.
|How Is Property Divided in the Absence of a Prenuptial Agreement?
In the absence of a prenuptial agreement, marital property is divided in a manner that the court determines is "equitable." Some of the factors that the court uses to determine if the division is equitable include:
- The duration of the marriage;
- The liabilities and assets of the spouses;
- The liquidity of the property that's being distributed;
- The economic desirability of leaving an asset intact; and
- The tax consequences to each spouse.
Ohio Revised Code Title XXXI
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Ohio Prenuptial Agreements: Related Resources
If you'd like more information related to this topic, please click on the links below
Get Legal Help with Your Prenuptial Agreement in Ohio
If you have questions about prenuptial agreements, or would like help drafting or reviewing one, it's a good idea to contact an experienced family law attorney in Ohio. After all, an attorney can make all the difference when it comes to whether a prenuptial agreement is considered valid or just another piece of paper in a divorce proceeding.