Prenuptial agreements are becoming increasingly popular, and for good reason. They can help protect your assets and clarify financial responsibilities in the case of divorce. If you`re considering a prenup in Ohio, there are a few important things you should know.
Firstly, it`s important to note that prenuptial agreements are only valid if both parties enter into the agreement voluntarily and with full disclosure. This means that you can`t force your partner to sign a prenup, and you can`t hide information or assets from them.
Additionally, Ohio law requires that prenuptial agreements be in writing and signed by both parties. Verbal agreements or agreements made without proper documentation will not hold up in court.
When it comes to the contents of a prenuptial agreement, there are a few things that can and can`t be included. In Ohio, you can include provisions related to property division, spousal support, and other financial matters. However, you cannot include clauses that go against public policy or are deemed unfair at the time of enforcement.
For example, if a prenup contains a provision that one spouse must maintain a certain weight or appearance, this would likely be considered unfair and unenforceable.
It`s also important to note that prenuptial agreements can`t be used to determine child custody or child support. These matters will always be decided based on the best interests of the child.
If you`re considering a prenup in Ohio, it`s recommended that you work with an experienced family law attorney. They can help you navigate the legal requirements and ensure that your agreement is fair and enforceable.
In conclusion, prenuptial agreements can be a valuable tool for protecting your assets and clarifying financial responsibilities in the case of divorce. However, they must be entered into voluntarily and with full disclosure, and they must comply with Ohio law and public policy. Working with a knowledgeable attorney can help you create a prenup that meets your needs and is legally sound.