If you’re thinking about getting a prenuptial agreement, or a prenup, before you walk down the aisle in Ohio, you’ll need to determine whether or not it’s actually going to be enforceable. Then, you will know that you are protected should you end up getting a divorce.
Is a Prenup Enforceable in Ohio?
A prenup is enforceable in Ohio if it is legal and valid. For instance, it needs to be in writing and both future spouses have to sign it. Usually, a court is going to enforce an agreement if each spouse was honest about their assets and liabilities, they entered into the agreement without coercion, the prenup does not encourage divorce, it’s fair, and each person understands the value and nature of the other person’s property.
What Can Be Included in a Prenup
There are certain things you can and cannot include in a prenup in order for it to be valid. It can consist of information on how assets and liabilities will be divided in a divorce, which assets belong to each spouse, whether or not a spouse will receive alimony, the financial responsibilities of each spouse during the marriage (i.e. who will pay the bills), who will manage a business upon death or divorce, and each spouse’s right to receive inheritances or gifts of the other spouse.
What you cannot include in a prenup is other marriage responsibilities (like who will take out the trash), information on child custody, and anything that would encourage divorce.
Contacting Richard P. Arthur for Bankruptcy Help
Richard P. Arthur, Attorney at Law, can help you create an enforceable prenuptial agreement. You can call 937-254-3738 for a consultation. He has nearly three decades of experience assisting clients in Dayton and Trotwood, as well as Montgomery, Greene, Miami, Clark, and Warren counties.