Dublin Prenuptial Agreement Lawyer
A prenuptial—or antenuptial—agreement sets the terms for dividing assets and property if a married couple should split. While it is widely portrayed for use by cynical or materialistic spouses in popular culture, prenuptial agreements have credible applications in real life. They can also give you/your spouse peace of mind that you are on the same page as you enter the next stage of your lives together.
Having a prenup is recommended by experts, even if the couple does not believe there is a chance their marriage will end. Getting a prenup done, and getting it done correctly, takes a skilled and knowledgeable team familiar with the Ohio Revised Code and family law.
Reach out to the prenuptial agreement attorneys at Arenstein & Andersen, Co., LPA for a consultation today. We will answer your questions and ensure a fair and equitable outcome for you should your marriage end. Call our office today at (614) 602-6550 or use our online contact form.
So What Is An Antenuptial Arrangement?
An antenuptial or prenuptial agreement is a contract between parties signed before marriage. It sets the parameters for distributing wealth and property in the event of a divorce or untimely death of one of the spouses.
It is a written document signed by both parties and will state all parties’ rights and responsibilities in the event of a divorce. The sections of the Ohio Revised Code that dictate prenuptial agreements are 3103.05 and 3105.171.
Should We Consider An Antenuptial Agreement?
Ohio prenuptial agreements are prevalent and are generally guided by several factors, including:
- Age of the individuals: the more significant the gap, the more likely you’d find a prenup useful.
- If there are children from previous relationships: prenups protect the finances and assets of children from any past marriages or relationships while not determining possible children from the upcoming marriage.
- Amount of assets and their value: if you have a few assets worth more than your future spouse’s many assets, then you may want to make a clear line of who would receive which assets with a prenup. An agreement is also favorable when you own many assets.
Without a prenup, you could end up sharing your spouse’s debt, or they could sell your property without your consent.
What Exactly Do Prenuptial Agreements Establish?
A prenup defines principles for all parties involved to follow relating to the termination of the marriage or a marriage that ended with one of the partner’s deaths.
Like most contracts, the prenup will take input from both sides. There should be negotiating involved, but at the end of the day, everyone must agree to the conditions set by the arrangement.
An antenuptial arrangement acts as an insurance policy, listing property each person owns before the marriage, then dictates what will happen to that property should the marriage end in dissolution or divorce.
The agreement will also cover distinctions between marital and separate property; protection against the other spouse’s debt; provisions for children in prior relationships; protections for any estate plans; and protections for inheritances or familial assets.
What Makes a Prenuptial Agreement Valid?
Prenuptial agreements are binding documents if they are made legally and follow these guidelines:
- Both spouses entered into the agreement willingly and without coercion
- Each spouse disclosed their liabilities, assets, and debts
- Everyone understands the nature and value of the other person’s property
- The terms of the prenup do not promote divorce in any way
- The agreement ends up being reasonably fair
There are certain scenarios in which a court may elect not to enforce the terms of a prenuptial agreement. Consulting with an experienced attorney can help reduce the likelihood of the court invalidating your agreement.
What Could Invalidate a Prenup?
If these guidelines are not followed, there is a chance your prenup, or a portion of it, could be ruled invalid. For example, if one side did not adequately and accurate disclose of their assets and debts to the other spouse or if both sides did not have an opportunity to consult with an attorney prior to signing, a court could invalidate a prenup. A spouse could also claim that they were forced to sign the agreement or did not have enough time to review it.
An experienced family law attorney will help you navigate the intricacies of prenuptial arrangements.
How Do I Get A Prenup?
It might be a difficult discussion with your future spouse, but one that will likely help you both in the future, especially as a precaution against nasty separations.
A prenuptial agreement can establish certain property as belonging to one spouse such that it is not divided in a divorce. They may also address future assets, income, spousal support, debts, and additional provisions.
While some may seek to include child custody terms, these provisions are not generally upheld in court. Because the courts must consider the child’s best interests of the child in deciding parental rights and responsibilities, the courts will not uphold parents’ contractual agreements that do not reflect the best interests of the child.
Is There Such a Thing as A “Postnuptial”?
Pursuant to Ohio Revised Code 3103.06, Ohio does not presently recognize postnuptial agreements. Legislation has recently been introduced that may change this in the future.
Can I Challenge a Prenup During a Divorce?
Generally, a prenuptial agreement is a binding contract that may be enforced and upheld by a court. However, certain circumstances may cause a court to invalidate the agreement or strike certain provisions. Having an attorney explain the ins and outs of marital law can help create a fair prenuptial agreement that is more likely to be enforced by a court.
Contact a Dublin Antenuptial Arrangement Attorney Today
While they might carry a negative connotation, having a prenuptial agreement drafted and signed before a wedding will keep future spouses protected and can be beneficial for both spouses. They can not only protect spouses’ assets, but they can also protect the parties from engaging in protracted litigation, reduce attorney fees, and time spent in court.
If you are questioning if you need an antenuptial agreement, you should contact a prenuptial agreement lawyer at Arenstein & Andersen, Co., LPA. With our experience in Columbus marital law, we can guide you through the process of creating a document to protect your financial safety and stability.