What Is an Ohio Prenuptial Agreement?
An Ohio prenuptial agreement is a binding legal document that lays out how a couple intending to marry will handle assets, debts, and other financial considerations in the event of divorce or death.
Ohio has an equitable distribution standard that governs the handling of property in the event of divorce. Under this equitable distribution policy, while your assets do not necessarily have to be divided absolutely equally, the division must be fair in the event of a divorce. A prenuptial agreement, however, can override that standard and allow you to protect assets you may have had before you married.
How to Write a Prenuptial Agreement in Ohio
Using the Legal Templates Ohio prenuptial agreement template, you can streamline the creation of your prenup and ensure that it contains all the elements needed to make it legal, following these steps:
- Provide full information for both spouses. Include names and contact addresses.
- Add background information. You may note past marriages or children whom the agreement may impact.
- Prepare a list of relevant assets. An Ohio prenup should include all the property and assets each spouse owns before the marriage.
- Plan for business continuity and protection. Include how to handle the income from businesses, as well as any information about who will be responsible for the business in case of divorce.
- Lay out asset distribution. Determine which spouse will take specific assets out of the marriage in the event of a divorce. Include information about distribution of assets on death.
- Disclose debts. For an Ohio prenup to be enforceable, both spouses must provide full information about all debts as well as their assets.
- Discuss housing arrangements. Determine which spouse will live in the marital home in the event of a divorce or information about selling that home to cover other debts.
- Evaluate spousal support. A prenup can govern which spouse will pay support to the other and the amount of that support. The lower-earning spouse can also choose to waive alimony.
- Finalize and sign the agreement. Before the agreement becomes valid, both spouses need to sign the document.
Sample Ohio Prenuptial Agreement
Below, you can see what an Ohio prenuptial agreement looks like. When you’re ready, use our document editor to customize this template to meet your needs and then download in PDF or Word format.
Legal Requirements for Prenuptial Agreements in Ohio
Ohio Rev Code § 3103.6 lays out specific requirements for prenuptial agreements.
Signing
Both parties must sign a prenuptial agreement for the courts to consider it valid. In addition, Ohio requires either witnesses to a prenuptial agreement or notarization under Ohio Rev Code § 3103.061.
Voluntary Agreement
In Ohio, both spouses must enter into a prenup voluntarily. Neither party can coerce the other or pressure them into an agreement. Downing v. Downing, 2023-Ohio-2673, holds that this voluntary agreement is essential for a prenup.
Timing
A couple must enter a prenuptial agreement before the marriage, and the document becomes valid once they are married. If you want to put together an agreement that will protect your assets after you have already finalized your marriage, you need a postnuptial agreement.
Financial Disclosure
For a prenup to be considered valid in Ohio, both parties must fully disclose all assets and debts as part of the agreement. This ensures both parties fully understand what they are agreeing to before they sign.
The courts may refuse to enforce a prenuptial agreement if either you or your spouse withholds financial information. Vanderbilt v. Vanderbilt, 2013-Ohio-1222, upholds this requirement.
Exclusions and Limitations
While a prenuptial agreement can lay out terms for spousal support, it cannot set conditions related to minor children in the marriage, including child custody arrangements or child support. The courts will typically decide these arrangements when the marriage is dissolved, taking the best interests of the child into account.
Legal Representation
Ohio does not require either party to have a lawyer when entering into a prenuptial agreement. However, having a lawyer look over the terms of the agreement can help each spouse ensure that their needs are fairly met.
Spousal Support Waivers
Ohio allows spouses to waive the right to support as part of a prenuptial agreement. However, the spouse waiving support must know what they are doing and its potential implications, and must enter into the agreement voluntarily.
Furthermore, spousal support waivers must be considered fair and “not unconscionable.” This means if an agreement unfairly favors one spouse or otherwise creates terms that could cause harm to the spouse waiving support, the courts may not enforce it.
Modifications and Revocations
If you and your spouse later decide that the terms of your prenuptial agreement no longer fit your needs, you can modify or revoke that agreement. Modifications and revocations must be handled in writing, with mutual consent from both parties.
