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Discover how to protect your financial interests before getting into marriage by creating an Ohio prenuptial agreement using our template.
Customized for Ohio This document may be legally binding in Ohio according to your state specific regulations.
The Ohio prenuptial agreement is a legal document that provides rights and obligations for each partner in terms of their financial relationship during the marriage. The main parties to the prenuptial agreement are the future spouses.
They will sign the prenuptial agreement before the marriage to determine each partner's financial status during and after the marriage. However, the document becomes effective only after the parties get married.
Parties don’t only use the prenuptial agreement after marriage. The document also has a significant role in determining how the assets accumulated during the marriage will be managed. This can potentially prevent many disputes and expenses for both parties.
The laws and legal requirements for a prenuptial agreement in Ohio are mostly contained in the precedents established by the court and a few provisions of the state law since Ohio hasn’t adopted the Uniform Premarital Agreement Act.
“In Ohio, prenuptial agreements that govern the disposition of property upon divorce are valid (1) if they have been entered into freely without fraud, duress, coercion, or overreaching; (2) if there was full disclosure, or full knowledge and understanding of the nature, value, and extent of the prospective spouse’s property; and (3) if the terms do not promote or encourage divorce or profiteering by divorce.”
Gross v. Gross, 11 Ohio St.3d 99 (1984) stipulates that: “These agreements may include: provisions concerning the disposition or devolution of property and payments for sustenance upon the death of one of the spouses; provisions for the distribution of property and the sustenance or maintenance of one or other of the spouses, most usually the wife, upon a separation or divorce; or a combination of all of these concerns between the parties.”
Section 1335.05 of the Ohio Revised Code provides the formal signing requirements for agreements in Ohio. It stipulates that the Ohio prenuptial agreement must be in writing and have both parties' signatures.
Although the state law doesn’t require it, the parties should also consider notarizing the prenuptial agreement. The notary public will confirm the identity of the signing parties and confirm their identity, which will prevent potential disputes and fraudulent activities.
The court can declare the prenuptial agreement form unenforceable if one of the parties proves that:
In addition, if the enforcement of the prenuptial agreement can cause one party to become eligible for support under a program of public assistance, the court can declare the agreement unenforceable and oblige the other party to provide support.
The parties to the prenuptial agreement template are free to cover any provision in their document. However, these provisions must be in line with state law and public policy.
This document can regulate all the matters related to the financial relationship of the parties before, during, and after the marriage. Below, you can see the most commonly used provisions for the Ohio prenup agreement:
The first validity criterion is connected with the formality requirements of state law. This means that the prenuptial agreement must be made in writing and signed by both parties to be considered valid.
The second validity criterion is connected with the existence of marriage. This means that the prenuptial agreement will be considered invalid if the parties don’t get married after signing it.
