According to the CDC, the divorce rate in Ohio for 2019-2021 was 2.6 percent, landing it right in the middle of states. In divorce law, prenuptial agreements often serve as a pivotal document, dictating the division of assets and properties between spouses.
The terms laid out in a prenuptial agreement can significantly impact the financial outcome of a divorce. However, circumstances can change, leading some to question whether they should challenge their prenuptial agreement during a divorce.
Validity of the prenuptial agreement
In Ohio, a prenuptial agreement is not invincible; you can challenge it if there are grounds to claim it is invalid. If one party can prove that they did not sign the agreement voluntarily, that they did not have a fair and reasonable disclosure of the property and financial obligations of the other party or that the agreement was unfair when signed, then the court might invalidate the prenuptial agreement.
Changes in circumstances
Over the years, circumstances can change drastically, and what seemed fair at the time of signing the prenuptial agreement might not seem so now. These changes can include an increase in wealth, the birth of children or changes in health. If these changes result in severe unfairness, it might be a valid reason to consider fighting the prenuptial agreement.
Potential consequences
Fighting a prenuptial agreement in a divorce can prolong the divorce process, increase emotional stress and result in additional costs. In addition, challenging a prenuptial agreement does not guarantee that a court will rule in favor of the challenge.
Deciding whether to challenge a prenuptial agreement during a divorce is a complex and personal decision that requires careful consideration.
