Prenuptial agreements serve as contracts that define how to handle property, debts and other financial matters during marriage or after divorce. If one spouse breaks the terms of a prenuptial agreement, specific legal consequences may follow.
Understanding these consequences can help you know what to expect and how to protect your rights.
Enforcing the prenuptial agreement
Ohio courts will enforce prenuptial agreements if the agreement meets certain requirements. These include full financial disclosure from both parties, fairness at the time of signing and signatures without pressure or coercion. If your spouse violates the terms of the agreement, you can seek to enforce it through the court. The court will review the agreement to ensure it is valid and legally binding before issuing a ruling.
Challenging the prenuptial agreement
A spouse accused of breaking the agreement may try to challenge its validity. Common arguments include claims of fraud, duress or that the agreement was unconscionable when signed. Similarly, if the terms are extremely unfair or the spouse felt forced to sign, the court may refuse to enforce it even if the spouse clearly violated its terms.
Potential outcomes
If the court determines the prenuptial agreement is valid and that your spouse violated it, the court may order them to comply with the terms. During a divorce, this might entail dividing property, addressing spousal support or resolving other financial issues according to the agreement. If the court finds the agreement invalid, the case may proceed as if no prenuptial agreement existed. If this happens, Ohio’s equitable distribution laws for dividing marital property will take effect.
If your spouse breaks your prenuptial agreement, there are actions you can take to advocate for your rights. Gather as much evidence of the violation as possible, such as financial records or written communications. Being proactive can ensure a fair resolution and protect against further disputes.
