Cincinnati Family Law & Divorce Blog: Do I Need a Pre-nup?
Ohio law allows written contracts between parties before a marriage that define various aspects of marital rights and rights upon the death of either spouse. These contracts are called prenuptial agreements, premarital agreements, or antenuptial agreements. All of these terms can be used interchangeably. Prenuptial agreements may not always be enforced. To avoid the most common challenges to these agreements, the following should be adhered to: (1) both parties should have lawyers represent them during the negotiation and execution of the agreement, (2) it should be signed as far in advance of the actual wedding as possible to avoid the possibility of coercion, and (3) there must be a complete and accurate disclosure of assets and debts between the parties. Currently, Ohio law protects premarital assets and assets which are acquired during the marriage by gift or inheritance and a prenuptial agreement may not be needed. It is often a misconception...