Prenuptial & Postnuptial Agreements in Ohio

Ohio Prenuptial & Postnuptial Agreements

Prenuptial agreements are contracts signed by two people before they marry. These agreements outline how assets and liabilities will be divided in case of divorce or the death of one spouse.

Ohio began to allow postnuptial agreements more recently when Ohio Senate Bill 210 became law in 2023.  Postnuptial agreements are similar to prenuptial agreements, but the key difference is they are signed after marriage. Postnups can modify an existing prenuptial agreement or establish new terms for property division in the event of divorce.

Gavvl Law, LLC makes creating and modifying prenuptial and postnuptial agreements in Ohio simple and straightforward. Our experienced family attorneys provide personalized support tailored to your specific financial and marital needs, ensuring clarity and protection for your assets. We’ll guide you through every step with transparency, convenience, and affordability.

When Do You Need a Prenup or Postnup?

Not everyone needs a prenuptial or postnuptial agreement. However, they can be beneficial in situations such as:

• Significant asset disparity: One partner has considerably more assets than the other.
• Complex finances: Businesses, inheritances, or family trusts can complicate asset division.
• Children from prior relationships: Protect assets for children from a prior marriage.
• Premarital debt: Clarify responsibility for existing debts.
• Protecting family heirlooms: Ensure specific items remain within the family.

If you didn’t create a prenuptial agreement before marriage, a postnuptial agreement can still provide similar protections and peace of mind.

What Goes in a Marital Agreement?

A prenup or postnup can include a variety of provisions depending on the couple’s circumstances. Some of the most common issues addressed include:

• How assets and debts will be divided in the event of a divorce.
• Whether one spouse will receive alimony, and if so, how much and for how long.
• Provisions regarding the inheritance rights of children from previous marriages or relationships.
• How business assets owned by either spouse will be handled?
• Decisions on how retirement savings and pensions will be divided.
• Choosing a method for resolving future disputes, should they arise.

It’s important to note that prenuptial and postnuptial agreements cannot address child custody or child support. The best interests of the child determine these issues and are subject to court oversight.

How to Create a Valid Marital Agreement in Ohio

To create a valid prenuptial or postnuptial agreement in Ohio, both parties must fully disclose their financial information and agree voluntarily, free of coercion or pressure.

While it’s not required, having separate legal representation for each spouse is strongly recommended to ensure that both parties understand the terms and that the agreement is fair and legally sound.

The agreement should be executed well before the wedding (for prenups) or after careful consideration (for postnups) to avoid any appearance of duress or undue influence.

Requirements for Ohio Prenups & Postnups

To be enforceable in Ohio, a marital agreement must:

• Be fair and reasonable at the time of execution.
• Not promote divorce.
• Be voluntarily entered into without fraud, duress, or overreaching.
• Contain full and fair disclosure of financial circumstances.
• Be in writing and signed by both parties.
• Be acknowledged by both parties before a notary public.

More On Ohio Marital Agreements

• Legal Separation: Draft a legal separation agreement to define terms for living apart, including asset division and custody, without ending the marriage
• Uncontested Divorce: Use a prenuptial or postnuptial agreement to simplify an uncontested divorce by outlining the terms for asset division, custody, and support ahead of time.
• Post-Decree Modifications: Modify terms in your prenuptial or postnuptial agreement after divorce to reflect significant changes in financial or personal circumstances.
• Cost of a Divorce: Reduce the cost of divorce by having a clear prenuptial or postnuptial agreement in place, which can minimize disputes over assets and support.
• How to File for Divorce: Use your prenuptial or postnuptial agreement to streamline the divorce filing process, ensuring that key issues like property division and support are already settled.

FAQs: Ohio Prenupts & Postnups

How long do prenuptial agreements last?

Prenups typically last the length of the marriage. However, some may include clauses that expire after a set period has passed; for example, you could agree to pay alimony after five years of marriage. Many prenups also include a “sunset clause,” effectively putting an expiration date on the prenup.

What happens if you don’t have a prenup or postnuptial agreement?

Ohio’s divorce laws will govern the division of assets, debts, and spousal support without a prenuptial or postnuptial agreement. While not everyone needs a marital agreement, having one allows you to retain control over these important decisions.

Can a prenup or postnup be modified or revoked?

Yes, prenuptial and postnuptial agreements can be modified or revoked if both parties agree to the changes in writing. Consult an attorney to ensure any modifications are properly documented and enforceable.

Does a postnup affect assets acquired before it was signed?

Assets acquired before the marriage are typically considered separate and won’t be divided in a divorce or dissolution. However, a postnuptial agreement can address the protection of future assets that may be acquired during the marriage.

What if my partner refuses to sign a marital agreement?

The agreement cannot be enforced if your significant other refuses to sign a prenuptial or postnuptial agreement. Therefore, it’s important to have open and honest discussions about the reasons for the agreement and its potential benefits.

Can a prenup or postnup waive alimony?

Yes, prenups and postnups in Ohio can limit or waive alimony rights. However, the court may still review this provision for fairness in the event of divorce, especially if circumstances have significantly changed.

How Does Gavvl Make Marital Agreements Easier?

Gavvl simplifies prenuptial and postnuptial agreements by starting with a phone call or online questionnaire. You’ll have a 30-minute consultation with a managing attorney to discuss your needs and goals. Then, we’ll assign a qualified local lawyer based on your requirements, location, and urgency, ensuring you receive support within two business days.

You’ll have 24/7 access to your case, convenient communication with your lawyer, and the option to pay only for the needed services, making for a streamlined and stress-free separation process.