Prenuptial Agreements

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Prenuptial Agreement Attorney in Columbus, Ohio

Prenuptial Agreement specialists with over 59 years of experience.

Prenuptial agreements are a tough subject to broach. But for some couples, they make a lot of sense—especially those that have spent their lives building a business. They might be interested in protecting that business from being considered community property in a divorce. If it does become community property, then it would be subject to equitable division according to Ohio’s laws.

On the other hand, it’s not the most romantic gesture in the world and there are other options, including postnuptial agreements. Nonetheless, for those that are looking to protect certain business interests or investments, prenuptial agreements offer them the best way to do so. As such, it is important to understand the basics of prenuptial agreements, including what they are and how they work.

What is a Prenuptial Agreement?

A prenuptial agreement is fundamentally a contract that is signed by both parties prior to a marriage. Prenuptial agreements can contain any number of stipulations. These include:

  • What constitutes separate/personal property;
  • And what (if any) amount of debt one spouse inherits from another.

Again, the idea of a prenuptial agreement is to protect your already acquired assets from being commingled as marital assets.


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What Can You Include in a Prenuptial Agreement?

Anything can be included in a prenuptial agreement. The question is: will it be enforceable. There are some provisions that are enforceable while there are others that are not. For instance, you can include any of the following in your prenuptial agreement:

  • Separate vs. marital property. There are some laws already in place in Ohio governing what is considered separate and marital property. Typically, any property accrued during the marriage is considered marital property. However, if you have a smaller business before entering the marriage that accrues a great deal of value during the marriage, the greater portion of the business would be considered marital property and thus subject to division. A prenuptial agreement can prevent this.
  • Saving & spending. A prenuptial agreement can partition earnings as well as devising a means of saving for retirement together.
  • Financial obligations. A prenuptial agreement can assign financial obligations to one or both partners.
  • Children from previous marriages. Ensuring the rights of children from previous marriages can be handled in a prenuptial agreement.
  • Family property and heirlooms. A prenuptial agreement can secure property that has sentimental value from becoming marital property.
  • Estate plans. Prenuptial agreements can be used to enforce estate plans.

What Can’t You Include in a Prenuptial Agreement?

You can include anything in a prenuptial agreement, but there are some provisions that the courts simply won’t recognize. In other cases, there is some gray area.

First, let’s handle the gray area.

  • Alimony or spousal support. The courts will generally recognize establishing a limit on spousal support under some circumstances. The courts will not recognize a provision that entitles one spouse to no spousal support at all. In addition, the court will not recognize “unconscionable” clauses in a prenuptial agreement including those that are meant to punish a spouse in a divorce.
  • Property distribution in a divorce proceeding. Every state has laws governing the distribution of marital property. Anything you want to protect must be protected in either a marital agreement or a prenuptial agreement and it must be equitable under the law.
  • Infidelity clauses. Most courts might be remiss about enforcing an infidelity clause, but they can be included in a prenuptial agreement. Whether or not they can be enforced is difficult to say and will likely be considered on a case-by-case basis.

Other terms in a prenuptial agreement will simply be ignored by the court. In other words, there is no way to enforce clauses that absolve one person in a marriage from certain kinds of responsibilities. These include:

  • Alimony. One spouse cannot force the other spouse to waive their right to spousal support in a prenup.
  • Child support. One spouse cannot force the other to waive their right to child support under any circumstances. It’s simply not allowed.
  • Child custody. Prenuptial agreements cannot make any decisions regarding child custody. That is for the courts to decide.
  • Rules concerning personal matters. You cannot prevent your mother-in-law from visiting on Christmas in a prenuptial agreement. The courts only recognize financial matters.

Can I Invalidate a Prenuptial Agreement?

Sometimes, but it’s not easy. In order to invalidate the agreement, one individual would need to prove that they were not in sound mind when they signed the agreement or they did so under duress or coercion. In addition, if the agreement was fraudulent for some reason, it would not be enforceable. If the agreement was not properly prepared or filed, its provisions may be unenforceable.

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Talk to a Columbus Prenuptial Agreement Attorney

The Lawrence Law Office can help couples draft a prenuptial agreement that serves both of their interests. Give us a call or contact us online for more information.

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Family Law

Attorneys for Divorce, Child Custody & More At the Lawrence Law Office, we are committed to helping families in conflict find creative solutions that focus on addressing their goals and...


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When working through your divorce with an Ohio family law attorney, chances are your divorce agreement made allowances for child support. spousal support or

Business owner

Dividing the marital assets between divorcing people can be one of the most contentious issues during the entire divorce process. Ohio law allows the couple to work together with...

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Dividing the marital assets between divorcing people can be one of the most contentious issues during the entire divorce process. Ohio law allows the couple to work together with...

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