Should I Get a Prenup?
Prenuptial agreements (prenups) are deals between two people before they get married. They allow couples to decide in advance how they want their money and property to be distributed if they get divorced. Frequently, a person getting married wants a prenup if they have a good deal more money or property than the person they are marrying, or think that they will have significant more money or property in the future, and want to protect that money or property. This includes providing for spousal support, or eliminating it.
Prenups can be very useful tools. It is critical that they are written with care and attention to detail. If prenups are sloppily written or not written according to the law, then the Court may decide not to enforce them if a couple does decide to divorce.
Ohio law requires all prenups to meet three requirements:
A full and fair disclosure of all assets and debts of both parties. This disclosure must lead to actual knowledge of each party’s assets and debts.
2. Both parties must enter into the agreement freely and willingly.
3. No terms can promote divorce or profiteering.
Essentially, the law, when boiled down, requires a few important things:
Both people must tell the other about ALL their assets and debts. Basically, anything they own, any money they have, or any debts they owe
Both parties should have a lawyer review the agreement. The parties should get lawyers from different law firms. It is important that both parties have an opportunity to think about the assets and debts at issue, and the agreement they are entering.
Prenups should be made far ahead of the wedding. If the prenup is made to close to the wedding, then the Court might think that one person forced the other to sign it.
Finally, the court will not enforce any part of a prenup that has to do with child custody or child support.
If you’re interested in having a prenup, reach out N.P. Weiss Law to work with a team that will ensure your prenup is clear and lawful.
By: Bridget Sciscento, Esq.