Prenuptial Agreements Ohio

A prenuptial agreement — or antenuptial agreement as Ohio law terms it — is a contract executed before marriage that defines how assets and debts will be handled in the event of divorce or death. A well-drafted prenuptial agreement protects both parties and removes uncertainty from what would otherwise be a contentious legal process. At Zukerman, Lear, Murray & Brown Co., LPA, our Cleveland family law attorneys draft and review prenuptial and postnuptial agreements that hold up in court.

Ohio Prenuptial Agreement Law

Ohio courts enforce prenuptial agreements under ORC § 3103.06 and the principles established by Ohio case law. For an antenuptial agreement to be enforceable in Ohio, it must: be in writing and signed by both parties; be entered into voluntarily, without fraud, duress, or undue influence; not be unconscionable at the time of execution; and involve full, fair disclosure of each party’s assets and income before signing. Courts will scrutinize whether the less-wealthy party had an opportunity to review the agreement and consult with independent counsel before signing.

What a Prenuptial Agreement Can Cover

Ohio prenuptial agreements can address: the characterization of pre-marital assets as separate property; how property acquired during the marriage will be classified and divided; whether either party will receive spousal support and in what amount or duration; inheritance rights and estate planning provisions; treatment of business interests, professional practices, or anticipated inheritances; and financial responsibilities during the marriage, including debt allocation. Prenuptial agreements cannot address child custody or child support — Ohio courts retain the authority to determine what is in the best interest of any children born of the marriage, and parents cannot contractually waive those rights in advance.

Postnuptial Agreements in Ohio

A postnuptial agreement is executed after marriage and addresses the same categories of issues as a prenuptial agreement. Ohio courts have recognized postnuptial agreements, though the enforceability standards are somewhat more complex because the parties are already in a fiduciary relationship. Both spouses must fully disclose their financial situations, both must have independent legal advice, and the agreement must be entered into voluntarily and without duress.

When a Prenuptial Agreement Is Challenged

Prenuptial agreements are frequently challenged in divorce litigation. Common grounds for challenge include failure to disclose assets, signing under duress (particularly when the agreement is presented days before the wedding), lack of independent counsel, and unconscionability. Our attorneys both draft agreements designed to withstand challenge and litigate the enforceability of agreements when representing clients in contested divorce cases.

Related: Property Division | Divorce | Family Law Overview