Helping Clients Draft Marital Agreements
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.
Ohio Now Recognizes Postnuptial Agreements, Too
On March 23, 2023, the state of Ohio began recognizing postnuptial agreements. Postnuptial agreements are similar to prenuptial agreements in many ways. The main difference between them is that while prenuptial agreements must be entered into prior to a marriage between the parties, a postnuptial agreement can be negotiated and entered into after a couple has married.
Key Aspects Of Marital Agreements
A prenuptial or postnuptial 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 or postnuptial 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 a marital agreement freely and knowingly, and each party must have an adequate opportunity to consult with and obtain legal counsel. A prenuptial or postnuptial agreement will only be enforceable absent fraud, duress, undue influence, misrepresentation and unconscionability.
Turn To Our Firm For Assistance With Marital Agreements
The family law attorneys at The Lampe Law Office, LLC, have negotiated the terms of many prenuptial and postnuptial agreements. If you are contemplating entering into a marital 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.