Prenuptial Agreement Attorney in Columbus, Ohio
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.
Validity of Prenuptial Agreements
While not every couple finds that they need to enter into a prenuptial agreement, there are many benefits to doing so. Not only are assets and debts put on the table to be discussed prior to entering into a legal contract that integrates a majority of the couple’s property, but the couple is able to sort out any differences or misunderstandings they may have about either debt of one party or assets of one party. Many couples who come into a marriage with rights to a family business or assets seek to ensure, commonly at the direction of the family, that will not become either shared or sole ownership of the other spouse in the event of a dissolution of the marriage.
In Ohio, to have a valid prenuptial agreement, both parties must disclose all of the property they own prior to signing the agreement, in order to ensure both are fully informed. In addition to listing assets, both must list any debts they are bringing to the marriage. Although having an attorney draft or review the agreement is not legally mandatory, it gives the notion of separate and uninfluenced decision-making by each party. If you and your spouse do decide to enlist the assistance of an attorney, make sure it is not the same attorney or any two that have a common interest. Once the contract’s terms have been agreed upon, each spouse must sign the agreement in the presence of the other, along with two witnesses.
Another way prenuptial agreements get a bad reputation is by one spouse presenting a contract to the other a week or even a day before the marriage, wanting them to sign it immediately. This kind of behavior can render the contract unenforceable in court. The more time that is given for the parties to discuss, amend, and come to an agreement, the more likely the court is going to find the document to be enforceable.
Other Columbus Practice Areas
Family Law | Adoption | Stepparent Adoption | Prenuptial Agreements | Divorce | Real Estate Investor Divorces | Executive Divorces | Physician Divorces | Mediation | Dissolution | Military Divorces | Retirement Asset Divorces | Business Owner Divorces | Spousal Support | Child Custody | Contempt & Enforcement | Same-Sex Couple Child Custody | Paternity