Antenuptial agreements can be invalidated

On Behalf of | Jul 2, 2021 | Divorce |

Many couples in the greater Columbus area have probably singed a prenuptial agreement. In Ohio, this kind of contract may be called by its formal name, antenuptial agreement.

These agreements can be very helpful to a couple as they plan for marriage. For instance, they can make it clear what property belongs to which spouse should the marriage end by either divorce or death.

Unfortunately, for a number of reasons, sometimes these agreements can be one-sided.

In other cases, while they may have been fair at the time, when a couple is going through a  divorce or separation years down the road, one of them may discover that the agreement was not what they had supposed when they entered it.

Antenuptial agreements must meet certain legal requirements

Like other states, Ohio has rules that must be followed before a family court will agree to enforce an antenuptial agreement.

For example, the agreement has to be entered into voluntarily by both sides. This means that if a person was under some sort of force or duress at the time she signed it, or if some sort of fraud or dishonesty was afoot, then the agreement can be held unenforceable.

Also, both sides to the agreement must be fully informed about what the other side owns and owes. Again, if it turns out this is not the case, then a court may decide not to enforce the agreement.

Finally, it is fairly standard that antenuptial agreements are not binding when it comes to child custody, parenting time and child support.

A person who is going through a divorce or separation should not feel that he has to accept the terms of an unfair antenuptial agreement. He should evaluate his legal options carefully before deciding he appropriate step to take.