Ohio Prenuptial & Postnuptial Agreement Lawyer

Many people carry misconceptions about prenuptial and postnuptial agreements, believing that the suggestion to create these agreements is a sign of a lack of faith in the marriage. The reality is that these contracts can provide financial security and peace of mind, and an experienced Ohio prenuptial & postnuptial agreement lawyer can help you tailor these agreements to you and your spouse’s needs, preferences, and goals.

Experienced Legal Counsel for Prenuptial and Postnuptial Agreements in Ohio

Carly Boyd Law, LLC provides client-focused legal counsel for couples throughout Ohio who wish to take advantage of the legal benefits that prenuptial and postnuptial contracts can provide. We can clarify many of the misconceptions that commonly circulate about these agreements and help you understand how they could benefit your marriage. We take time to learn as much as possible about each client to provide truly individualized legal counsel.

The most common misconception about prenuptial agreements is that the suggestion of creating one shows that the person suggesting it does not believe the marriage will last, and they wish to protect themselves because divorce is inevitable. The reality is that a prenuptial agreement can provide financial peace of mind to both spouses and provide an opportunity for them to have difficult financial conversations early in their marriage, bolstering communication.

Until March of 2023, postnuptial agreements were not permitted in Ohio. While prenuptial agreements were allowed under strict conditions, they could not be modified after marriage. Section 3106.3 of the Ohio Revised Code now stipulates the conditions for creating a postnuptial agreement. This law enables a couple to create a postnuptial contract after marriage or modify their existing marital contract if necessary.

An Ohio prenuptial & postnuptial agreement lawyer at Carly Boyd Law, LLC can help you create a prenuptial agreement before marriage, draft a postnuptial agreement after marriage, or revise your existing contract if your life has changed in a way that your existing contract is no longer applicable. We strive to provide a low-pressure and supportive atmosphere for couples in Ohio so they can create legally enforceable contracts that provide peace of mind.

Understanding Prenuptial Agreements in Ohio

A recent study reported that as of 2024, about 50% of Americans supported the use of prenuptial agreements, a significant change from previous years. Roughly 20% of all married couples today have prenuptial agreements, but younger generations are drafting these agreements at a much higher rate than previous generations. About 47% of Millennials and about 41% of Gen Z married couples report signing prenuptial agreements.

A prenuptial agreement in Ohio can include various terms and conditions pertaining to the spouses’ respective financial rights in their marriage. Each spouse must submit a complete and accurate financial disclosure, detailing all of their respective property, assets, and debts. Both spouses must enter into the agreement freely with no coercion or duress, and the agreement must be written and signed by both spouses willingly.

Additionally, the prenuptial agreement cannot include any unfair or unconscionable terms. Neither spouse may include any terms that promote or encourage divorce in any way, and the prenuptial agreement cannot include any terms pertaining to child custody or child support. A few of the things a prenuptial can include are:

• Separate property ownership designations. Each spouse can clearly outline the property they are bringing into the marriage, defining what can and cannot be divided under Ohio’s equitable distribution rule for property division in divorce.
• Debt allocations. The spouses can clearly list all of the debts they are each bringing into the marriage. These terms can ensure that all premarital debts remain the responsibility of the spouse bringing them into the marriage.
• Spousal support waivers. The couple can clearly define terms for spousal support, and a spouse may waive their right to receive spousal support in the event of future divorce. However, an Ohio court may not consider this aspect of the agreement enforceable if the couple’s circumstances change during their marriage and, at the time of divorce, enforcement would be unconscionable or inequitable.
• Business protection. If one of the spouses owns a business, their prenuptial contract can clearly define ownership rights, protecting business interests from a future divorce.
• Inheritance rights. When a spouse enters a marriage with children from a previous marriage, their prenuptial contract can ensure assets meant to be passed to those children are protected if the new marriage ends in divorce.

The main goal of a prenuptial agreement is to provide anticipatory financial protection to both spouses and clearly define their respective financial responsibilities in their marriage. There is a very high standard for disclosure when it comes to drafting a prenuptial agreement in Ohio. Your Ohio prenuptial & postnuptial agreement lawyer can verify that you and your spouse submit all required records and documentation so the agreement can be drafted with complete information.

It is also possible to revisit your prenuptial agreement in the future. If you and your spouse experience a major change in your finances or other life event that is not adequately reflected by your current agreement, an Ohio prenuptial & postnuptial agreement attorney can guide you through the modification process. They can help you draft a written amendment to your prenuptial agreement following all the same formalities as the original agreement required.

Creating a Postnuptial Agreement in Ohio

Now that postnuptial agreements are permitted under Ohio law, it is important to understand what this type of marital contract entails if you and your spouse did not create a prenuptial agreement prior to marriage. While a postnuptial agreement has the same core intention of providing financial security to both spouses and covers the same factors, court scrutiny of these contracts is higher because the spouses already have fiduciary duties to one another.

Postnuptial agreements may be beneficial when a married couple experiences a significant change in their finances, such as a large increase in either spouse’s income, the birth of a child, or when one of the spouses receives a very large inheritance. Postnuptial agreements may also be used to clearly define financial rights for reconciliation if the couple has separated.

There is greater scrutiny for postnuptial agreements because the spouses already legally owe the highest fiduciary duty and duty of good faith toward one another. An experienced Ohio postnuptial agreement attorney can guide you through the process of creating this contract, clearly explaining every element that can be included and which elements may not be included under Ohio law.

What to Expect in the Revision Process of a Prenuptial or Postnuptial Agreement

If either spouse believes that their current prenuptial or postnuptial contract needs to be amended, the revision process should unfold under the guidance of an experienced Ohio prenuptial & postnuptial agreement lawyer. Amending your current contract may be necessary after a significant change in your or your spouse’s finances or other major life event.

Your attorney can review the details of your motive for revising your existing agreement, explain your options for including necessary revisions, and verify that the process unfolds correctly under state laws. Ultimately, the same scrutiny that is applied to a new prenuptial or postnuptial agreement applies to a modification.

What to Expect From Your Ohio Prenuptial & Postnuptial Agreement Lawyer

When creating a prenup, it is generally advisable for each spouse to have independent legal counsel to increase the enforceability of the agreement and prove that both spouses were fully aware of their rights and responsibilities.

A spouse could potentially challenge the enforceability of a prenuptial or postnuptial agreement if they believe that it was entered into unfairly in any way, if any fraud was present, or if they can prove they entered into the agreement under any type of duress.

Hiring an Ohio prenuptial & postnuptial agreement lawyer in drafting your agreement may not only eliminate the risk of disputes arising in the future, but also allow for a more productive and collaborative drafting process. Approaching this process under the guidance of the right attorney helps to create a low-conflict atmosphere focused on planning, while providing transparency and peace of mind to both spouses.

Carly Boyd Law, LLC, provides comprehensive legal representation for the creation of prenuptial and postnuptial agreements in Ohio. Our team strives to provide an atmosphere focused on collaboration, mutual respect, and thoughtful consideration of all aspects of these agreements. You can rely on our team to assist you with the drafting of a new agreement or the review and revision of an existing one.

If you are considering a prenuptial agreement in Ohio, the agreement must be completed and signed prior to the finalization of your marriage license. It is generally advisable to do this in advance rather than days or hours before the ceremony, which could be cited later as a form of duress or coercion. If you are creating a postnuptial agreement, it’s advisable to start the review process as soon as possible with an attorney’s help.

Carly Boyd Law, LLC – Ohio Prenuptial & Postnuptial Agreement Law Firm

Contact Carly Boyd Law, LLC today to schedule a consultation with an experienced Ohio prenuptial & postnuptial agreement lawyer. You can rely on our team to help you create a legally enforceable agreement that provides peace of mind.