Ohio Prenuptial Agreement Form

No matter how happy you are when planning your wedding and getting married, you may eventually be disappointed when separating from or even divorcing your spouse. To avoid conflicting situations with your partner, you can negotiate in advance and sign the Ohio prenuptial agreement form with your future spouse.

Prenuptial agreements (also referred to as prenups, marriage contracts, or premarital agreements) are contracts between two partners planning to enter into matrimony. This prenuptial agreement template is typically signed before the wedding. However, some states also offer the term “post-nuptial agreement,” where they allow spouses to register their prenup agreement within a certain period after the wedding.

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So, what do you include in such an agreement, and why should you sign it? Here is the answer: a prenup is a legal instrument that protects your assets if an unexpected event occurs (like a divorce or your spouse’s death). With this contract, partners agree on fundamental conditions related to their estate, funds, and debts. The document answers questions like:

  • How will properties be divided if we get divorced or go for legal separation?
  • Who is responsible for paying debts?
  • How should we manage our private and mutual assets?
  • What happens to our assets if one of us passes away?
  • Who covers daily expenses (for instance, housekeeping costs)?

If partners have signed the document, it becomes much easier to complete a divorce process or define who is the successor in case of death. Signatories may include all the answers to those questions in their agreement or may choose the most relevant for them. They can also insert any provision that refers to their estate. However, they cannot use the agreement to determine how their kids will be fostered and supported in case of a divorce.

Prenuptial agreements can protect you from making common mistakes. When you love someone, you can do many thoughtless things in the throes of passion. For example, you can let your spouse do something irrational with your own costly assets or real estate. If you draw a borderline between your mutual and personal properties, define the rules regulating this and that, and sign a prenup with all conditions, such risks will be minimized.

We have added a handy form-building software to our website. If you need to fill out the Ohio prenuptial agreement form, we strongly recommend generating the template using the software.

Your agreement should be sensible, fair, and corresponding with the law. You may learn about the norms and legislation approved in Ohio below.

Ohio Prenup Laws and Requirements

While more than half of American states use the uniform act to regulate prenuptial agreements, Ohio is not one of them. Its laws are partly included in the Ohio Revised Code and partly taken from the real court cases (“Vanderbilt v. Vanderbilt” and “Gross v. Gross”).

Signing Requirements

There is no specific provision that regulates the signing of prenuptial agreements in the laws of Ohio. However, Section 1335.05 of the Ohio Revised Code advises on people’s obligations that depend on the contract’s signing and form. If the agreement is not in written form or the parties have not appended their signatures, the agreement is null and void.

Enforceability

The question of prenuptial agreements’ enforceability in Ohio has been touched on in the “Vanderbilt v. Vanderbilt” case. This precedent establishes the following conditions to make the document enforceable:

  1. People should sign such contracts without pressure, fraud, trickery, or coercion.
  2. Before signing, parties should fully disclose their assets and liabilities to each other.
  3. The conditions stated in the agreement cannot foster divorce or entail profits that parties can gain in case of divorce.

Court Refusal

You will get court refusal if your agreement violates any of the rules specified above. Additionally, your agreement has to be made in conformity with Ohio and federal laws.

What Prenups Can Cover

The “Gross v. Gross” precedent describes what prenuptial agreements can involve in the state of Ohio. There are three key points to cover in prenups:

  • A property transfer from one spouse to another if one of the parties dies.
  • Information about property division and the partner’s maintenance (most usually the wife, as stated in the case).
  • A mix of provisions for both topics.
Published: Feb 25, 2021