Prenuptial Agreements

A Prenuptial Agreement is a contract that sets forth the parties’ rights and obligations in the event of Divorce and/or the death of either party. As with all contracts, the law provides requirements for its enforceability, including but not limited to, the Prenuptial Agreement must be in writing and be supported by adequate consideration.  There also must be full disclosure of financial issues, and the terms of the Prenuptial Agreement must not violate public policy.  In addition, the Prenuptial Agreement must be entered into without duress or overreaching.  In the event that a Prenuptial Agreement’s validity is challenged, these issues will be carefully scrutinized by a Court when determining whether the Prenuptial Agreement is enforceable.

Further, in Ohio, spousal support provisions in a Prenuptial Agreement are examined for fairness as of the date of the enforcement of the agreement, not as of the date of the execution of the Prenuptial Agreement. Due to these requirements and limitations, a party seeking to enforce or nullify a Prenuptial Agreement should consult with an experienced attorney in family law matters. Finally, to avoid potential pitfalls, parties wishing to enter a Prenuptial Agreement should consult with their respective attorneys well in advance (several months) of their planned wedding date.

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