Prenuptial agreements, commonly called “prenups,” are legal contracts couples enter into before marriage to outline how assets, debts, and spousal support will be handled if the marriage ends. While they’re often associated with wealthy individuals or celebrities, prenuptial agreements can be useful for anyone seeking clarity and protection.
However, not all prenups hold up in court. If you’re considering enforcing or contesting one in Ohio, timing and legal grounds matter. Here’s what you need to know.
Enforcing a Prenuptial Agreement in Ohio
In Ohio, courts generally uphold prenuptial agreements as long as they meet certain requirements. If you’re seeking to enforce one, you must show that the agreement is:
- Entered into voluntarily
- Made with full financial disclosure
- Not unconscionable at the time of signing
- Executed before the marriage
The agreement should also be in writing and signed by both parties. Oral agreements won’t cut it. If all of these elements are satisfied, Ohio courts tend to view prenuptial agreements as valid and binding.
Why Enforce a Prenup?
Common reasons to enforce a prenup include:
- Protecting separate property brought into the marriage
- Upholding asset division provisions during a divorce
- Enforcing agreed-upon limits on spousal support
Courts generally won’t re-write the terms unless the agreement was fundamentally unfair when signed or one party didn’t disclose important information.
When To Contest a Prenup
Although courts generally respect valid agreements, you can challenge a prenuptial agreement in Ohio if you think it was improperly made or is now unfair. Contesting is typically done during divorce proceedings or after a spouse’s death if the agreement affects estate distribution.
Grounds to challenge a prenup may include:
Lack of Full Disclosure
If your spouse failed to provide a full and accurate accounting of their financial situation before signing the agreement, it might not be enforceable. You can’t waive rights to assets you didn’t know existed.
Coercion or Duress
Were you pressured to sign days—or hours—before the wedding? If the timing or circumstances suggest coercion, the agreement could be invalidated.
Unconscionability
Ohio courts will not enforce agreements that are excessively unfair. If the terms significantly benefit one spouse while leaving the other with little or nothing, a judge may choose not to enforce parts or the entirety of the agreement.
Improper Execution
A prenup must be in writing and signed by both parties before the wedding. If this didn’t happen, the agreement may be void.
Changed Circumstances
In rare cases, even valid prenups can be challenged if circumstances have drastically changed. For instance, if one spouse becomes permanently disabled and the prenup denies them spousal support, a court might find that enforcement is unjust.
Timing Matters
Don’t wait until the last minute to address a prenup. If you’re preparing to marry and thinking about a prenuptial agreement, plan ahead. Draft it months in advance and involve separate legal counsel for each party. That shows the court that both sides had time and fair representation.
If you’re divorcing or facing a legal dispute involving a prenup, get legal advice early. Whether you want to enforce the agreement or challenge it, a misstep can weaken your position in court.
Get Help from an Ohio Family Law Attorney
The Law Office of Attorney David Shook helps clients throughout Ohio navigate complex family law issues, including the creation, enforcement, and contesting of prenuptial agreements. Whether you’re seeking to protect your interests or challenging an unfair deal, we provide experienced, practical legal support every step of the way.
Contact us today for a confidential consultation. We can help you understand your options and build a strategy that fits your situation.
