Prenuptial agreements, also known as premarital or antenuptial (after marriage) agreements, are contracts that individuals in contemplation of marriage enter into in order to define the terms that will govern the parties in the event of a future divorce or dissolution.
Prenuptial agreements have a variety of purposes. First, they can protect a separate property interest of one of the parties in the event of a divorce. They can also serve to protect one party from a debt of the other party, and they can be used to determine spousal support upon divorce of the parties. However, prenuptial agreements cannot be used to establish child support or custody rights.
A prenuptial agreement must be in writing, and it must be signed by both of the parties sought to be bound. Prior to the execution of a prenuptial agreement, both parties must make full and accurate disclosures to the other party of their property, income, debt and other liabilities. Additionally, both parties must enter into the prenuptial agreement freely and knowingly, and each party must have an adequate opportunity to consult with and obtain legal counsel. A prenuptial agreement will only be enforceable absent fraud, duress, undue influence, misrepresentation and unconscionability.
The family law attorneys at The Lampe Law Office, LLC, have negotiated the terms of many prenuptial agreements. If you are contemplating entering into a prenuptial agreement, please contact our office at 513-889-0400. We have two locations to serve clients throughout the surrounding Butler, Clermont, Hamilton, and Warren County regions.