Ohio Prenuptial Agreements

Prenuptial agreements, also referred to as antenuptial agreements, can be a valid instrument for clearly defining and limiting the rights of married couples regarding marital property and the payment of spousal maintenance. It is often entered into when one party has substantially more assets than the other and wishes to retain most of it should the parties separate o their marriage dissolves. Another reason is that a party may have a prior marriage and wants to ensure that most of the assets are passed to the children of the prior relationship. This is a common reason for creating Ohio prenuptial agreements.

Many Ohio prenuptial agreements are valid under Ohio Revised Code 3103.05 so long as it is in writing, is signed by both parties and two witnesses and the parties contracted fairly and reasonably.

If you are contemplating a prenuptial agreement or your spouse has prepared one for you to review, promptly contact a Medina divorce attorney to discuss the issues involved and the reasonableness of the agreement.

What Makes a Prenup Valid in Ohio?

A court will closely scrutinize a prenuptial agreement to see if is valid, unreasonable, or if there was less than full disclosure or other irregularities in its presentation and signing. The factors a court will use in determining the validity of an Ohio prenuptial agreement include:

Was it entered into in contemplation of a pending marriage?

A prenuptial agreement must be made with the clear intention of marriage. Courts often look at whether the document was created and signed in anticipation of an actual wedding, not as a general financial arrangement. This ensures that the agreement is tied directly to the marriage relationship rather than serving as a separate contract.

Do the provisions promote or encourage divorce?

A valid prenuptial agreement cannot include terms that make divorce more likely or provide incentives for one party to leave the marriage. Clauses that seem to reward divorce—such as offering a financial bonus for ending the marriage—may cause the agreement to be invalidated.

Did both parties have a reasonable time to review the agreement before the wedding?

Both parties should have ample time to read, understand, and consider the terms of the prenuptial agreement before signing. Presenting the document too close to the wedding date may create an appearance of pressure or coercion, which could undermine its enforceability later.

Were all assets and liabilities of both parties fully disclosed and in what manner were they disclosed?

Full financial disclosure is essential for a prenuptial agreement to be fair and valid. Each party must reveal all assets, debts, and income sources, ideally through detailed written lists attached to the agreement. Incomplete or misleading disclosure may render the agreement unenforceable.

Is there evidence of duress or coercion in the signing of the document?

A prenup must be signed voluntarily. If one party was pressured, threatened, or manipulated into signing, a court could find that the agreement was made under duress or coercion, invalidating the entire document.

Is the agreement so unreasonable or unfair as to be unconscionable?

Even if both parties sign willingly, an agreement that is excessively one-sided may be deemed unconscionable. Courts evaluate whether the terms were fair at the time of signing and whether enforcing them would produce an unjust outcome.

Did both parties have the document reviewed by their own counsel?

Each party should have their own independent attorney review the agreement before signing. Separate legal counsel ensures that both individuals understand their rights and that the terms are negotiated fairly, reducing the risk of future disputes over validity.

Can a Prenup Always Be Enforced?

Issues regarding the agreement’s validity and enforceability arise when the parties divorce or separate or a spouse passes away. As to whether a provision pertaining to spousal maintenance is unconscionable so as to render it voidable, the court will look at the recipient party’s present circumstances to see if that individual is experiencing hardship or has had to apply for public assistance. For example, the party might now be unemployed or unemployable, has an extreme medical or health condition, is now caring for multiple minor children or there are other aggravating circumstances. If so, the court will then examine a number of factors pertaining to how much spousal maintenance to order and for how long under ORC 3105.18.

If you waived spousal maintenance or agreed to an apparently small or nominal amount and are now experiencing significant hardship, promptly contact a Median divorce attorney to revisit this issue.

What Can be in a Prenuptial Agreement?

It is important to know what can be included in Ohio prenuptial agreements and what cannot be included. For example, you cannot disinherit your spouse in a will, but your spouse can waive his or her statutory share in a prenuptial agreement, which can be substantial. For example, the surviving spouse has a right to take against the will of one-third or one-half of the balance of the estate and a right to live in the marital estate rent-free for one year. In the case of a death with you as surviving spouse, you only have 4 months after the appointment of an executor or administrator of the decedent’s estate to challenge or move to set aside the prenuptial agreement under ORC 2106.22 or the agreement is deemed valid. For this reason, promptly have your Medina divorce attorney review your prenuptial agreement after your spouse passes away.

You also cannot stipulate as to the custody of children or contract as to the amount of child support to be paid. There may not be restrictions or stipulations in regard to visitation either.

Including provisions regarding certain conduct or lifestyle choices are equally unenforceable. However, you may provide for the disposition of certain property on the occurrence or nonoccurrence of other events so long as they are not unethical, criminal, or violate public policy.

You can provide as to which assets will be marital or separate as well as the division of assets and debts upon separation, divorce, or death such as gifts or property transfers made directly to one spouse or the other from family members. Sufficient details of your property and the debts to be divided should be in your agreement to avoid any misunderstandings.

FAQs about Prenuptial Agreements

When is the best time to bring up the idea of a prenuptial agreement?

It’s best to discuss a prenuptial agreement early in the engagement, long before wedding plans are finalized. Bringing it up early helps both partners approach the conversation calmly and collaboratively rather than as a last-minute demand. This timing also ensures each person has adequate opportunity to consult legal counsel and fully understand the agreement before signing.

Can a prenuptial agreement be updated after marriage?

Yes. While a prenuptial agreement applies before marriage, couples can modify its terms or create a new postnuptial agreement after the wedding. This is often done when financial circumstances change significantly, such as after starting a business, receiving an inheritance, or having children. Both parties must consent in writing for any changes to be valid.

Are verbal agreements about finances valid before marriage?

No. Under Ohio law, prenuptial agreements must be in writing and signed by both parties with two witnesses. Verbal promises or informal understandings about property or support are not legally enforceable, even if both partners verbally agreed to them before marriage.

Do prenuptial agreements only benefit wealthy individuals?

Not at all. While many assume prenups are for high-net-worth couples, they can benefit anyone who wants clarity and fairness regarding finances. A prenup can protect one spouse from the other’s debt, ensure ownership of a business, or safeguard family heirlooms. It’s a planning tool for financial transparency and peace of mind, regardless of income level.

What happens if a couple moves out of Ohio after signing a prenup?

Most prenuptial agreements include a “governing law” clause that states which state’s laws apply. However, if a couple relocates to another state, that state’s court could interpret or enforce the agreement differently. Consulting an attorney in the new state helps confirm that the existing prenup will still hold up under local laws.

Can a prenuptial agreement protect a family business?

Yes. A prenup can specify that ownership of a family business remains with one spouse and is not subject to division in a divorce. It can also outline how income from the business will be treated during the marriage, preventing disputes over growth, reinvestment, or control of the company.

What are common mistakes people make when creating a prenuptial agreement?

Common pitfalls include rushing the signing process, failing to disclose all assets or debts, using vague language, or drafting an agreement without legal counsel. Others rely on generic online templates that don’t comply with Ohio law. These mistakes can make an agreement unenforceable later, defeating the purpose of having one at all.

Contact a NE Ohio Prenup Lawyer Now

When contemplating asking for or signing a prenuptial agreement, it is advisable to contact a Northeast Ohio family law attorney from our firm before signing any documents.

​For experienced legal guidance, contact Erb Legal today.