Prenuptial Agreement Attorneys in Delaware & Central Ohio

What Can A Premarital Agreement Not Include?

Although premarital agreements can include just about anything that is important to the couple, there are certain issues these contracts cannot resolve. The two terms that you generally cannot include in a premarital agreement are child custody and child support. Still, Ohio law does allow parents to include responsibilities for basic child care in a premarital agreement. For example, a couple may wish to include in their agreement a provision that one spouse will continue to pay for the maintenance of the family home until all children are no longer minors. 

Still, premarital agreements cannot include schedules for visitation in regards to child custody, nor can they include amounts of child support one parent is responsible for paying. In Ohio, as in most other states, these decisions are left to a family law judge. When making these decisions, a judge will only consider what is in the best interests of the child. Decisions about child support and the amount paid are determined using a specific formula.

Why Draft A Premarital Agreement?

Not only can a prenuptial agreement help couples improve communication skills, but it can help ensure that everyone is on the same page before entering into marriage. This can strengthen the bond between a couple and help calm children or other relatives who may be worried about certain issues. A prenuptial agreement can also go a long way toward preventing acrimony if a marriage does unfortunately end.

Our lawyers take the time to learn all about your relationships and your needs. We will explain what can and cannot be included in a prenup and help you execute an agreement that accomplishes your goals.

At our offices in Delaware and Columbus, we recognize the need to find amicable solutions to your family law matters. We see negotiation, mediation, and a collaborative approach as alternatives to the emotional and financial costs of litigation. A prenuptial agreement can go a long way toward preventing animosity and going to court.

Enforcing A Prenuptial Agreement

Ohio is unlike other states in the way that it has not adopted the Uniform Prenuptial Agreement Act (UPAA). Instead, these contracts are governed by state law. Under this law, a premarital agreement must be in writing and each party must sign it. The couple must also reach an agreement prior to their wedding, although postnuptial agreements are possible. When these criteria have been met, the Ohio family courts will generally enforce a prenuptial agreement as long as the following conditions apply: 

•       Each spouse has entered into the agreement voluntarily and of their own free will
•       Each spouse has fully disclosed their assets and liabilities, including their debts
•       Each spouse understands the value and nature of property owned by the other party
•       The terms of the agreement do not encourage divorce, and
•       The contract is reasonably fair to both parties

Prenuptial agreements cannot be unconscionable, which means they cannot heavily favor one side more than the other. Each spouse must also sign the contract willingly and not while under duress. It is for this reason that it is always best to draft and sign a prenuptial agreement well before the wedding, usually several months. If you do not, the other side could use it to argue they signed it under duress and a judge will not enforce it.