Ohio law refers to prenuptial agreements as contracts and called them antenuptial agreements. Understanding these points can make it easier to know how to create one.
With a prenuptial agreement being a contract, there are some essential criteria it must meet to be valid. If you are trying to fight the agreement during a divorce, you will want to look at these three points for a potential area of weakness.
Free will
Each party must enter into the agreement with a complete understanding of its purpose. They must agree to sign it and be making the decision on their own. Nobody can trick or push someone to sign.
Disclosure
Both parties must completely understand the contents of the agreement. They must have full knowledge of the property and assets of the other person and know what they are agreeing to. Each party should present a complete accounting of their financial situation, so it is clear. This is not a requirement, but it is good practice to ensure this criterion is met.
Divorce
While the agreement by design is to help in the event of a divorce, it should not make divorce a goal. The terms should not make it advantageous to either party to get a divorce. The agreement is to ensure everyone walks away with a fair deal if the marriage ends. It should not make the marriage ending seem better than being in the marriage.
A prenuptial agreement in Ohio is the only way to protect your assets coming into a marriage. The state does not allow postnuptial agreements. The state’s approach to a premarital agreement is more about a business contract than anything else, which requires approaching it with a business mindset to ensure it is valid.
