What Is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract entered into between two individuals who are planning to marry. Also known as “prenups,” these agreements have become increasingly common among couples who want to protect their assets and outline financial expectations before marriage. Prenuptial agreements are enforceable by the courts, provided the court determines that enforcement would be in the interests of justice and equity under the Ohio Revised Code, Section 3105.10. Although a prenup can be a valuable tool for minimizing disputes, it is essential to understand how state law governs these agreements and the factors that may affect their enforceability.
What Are the Requirements for a Valid Prenuptial Agreement in Ohio?
To be valid and enforceable in Ohio, a prenuptial agreement must meet certain legal standards, including the following:
- Voluntary agreement: Both parties must enter into the agreement voluntarily. If one party can prove that he or she was coerced, pressured, forced, or manipulated into signing the agreement, the court may deem the agreement to be invalid.
- Full disclosure: For a prenup to be valid, there must be full and fair disclosure of assets, debts, and financial obligations of both parties. The court may refuse to enforce the agreement if it can be shown that one party had hidden assets or significant debt or concealed other important information.
- Fair and reasonable: The terms of a prenuptial agreement must be fair and reasonable at the time it is signed. Courts may look unfavorably on prenups that are substantially one-sided or grossly unfair. A judge may decide not to enforce specific agreement provisions that heavily favor one spouse over the other.
- In writing and signed: Prenuptial agreements in Ohio must be written and signed by both parties before the marriage. Verbal agreements or written agreements signed after the marriage are not enforceable as prenuptial agreements.
What Is the Process for Enforcing a Prenuptial Agreement in an Ohio Divorce?
When the divorce is filed, the prenuptial agreement is presented to the court for review. Each spouse will submit the document and argue for or against its enforcement, depending on the circumstances. The court will review the agreement to ensure it meets legal requirements for enforceability. If one party challenges the prenup, the court will hear arguments from both sides. The challenging spouse must present evidence to support their claims, and the other spouse will be given the opportunity to defend the agreement’s validity. Ohio courts have discretion in enforcing prenuptial agreements, and each case is reviewed individually. The court may decide to enforce specific terms of the agreement while striking down others if deemed unfair.
What Are Some Common Grounds for Challenging Prenuptial Agreements?
One spouse may challenge the validity of a prenuptial agreement during divorce proceedings. The following are some common grounds for challenging a prenup:
- Fraud or misrepresentation: Full disclosure is a key requirement for the enforceability of prenuptial agreements. If one party failed to disclose all their assets, debts, or financial interests when the agreement was signed, the other party may challenge the prenup, and the court may find it invalid.
- Lack of voluntary consent: A party may challenge a prenup by demonstrating that they were under duress or coerced to sign it. For example, the court may invalidate the agreement if a spouse can prove that the prenuptial agreement was presented at the last minute or that the other spouse used emotional pressure to force them to sign.
- Unconscionability: The court may refuse to enforce a prenuptial agreement deemed unconscionable or grossly unfair. This may be the case if one spouse is left in a highly disadvantaged position due to the agreement. For example, a prenup that waives spousal support, leaving one spouse with no financial security, may be considered unconscionable.
- Violation of public policy: The court may refuse to enforce any provisions of a prenuptial agreement that violate Ohio public policy. For example, child custody arrangements cannot be predetermined in a prenup. These decisions must be made during divorce proceedings and must be in the best interests of the child.
What Common Mistakes Jeopardize Enforceability of Prenuptial Agreements?
Couples entering into prenuptial agreements should be aware of common mistakes that could undermine the enforceability of these contracts, including the following:
- Rushing the agreement: Last-minute prenuptial agreements may be considered coercive, particularly if signed right before the wedding. It is essential to allow enough time for both parties to seek legal advice and carefully consider the agreement before signing.
- Failing to fully disclose assets: One of the most common reasons prenups are invalidated is failure to provide a complete and accurate disclosure of financial information. For the agreement to be valid, both parties must be completely honest and transparent regarding their assets, debts, and financial obligations.
- Including unenforceable provisions: Including provisions in a prenuptial agreement that violate public policy can undermine the enforceability of the entire agreement. Examples of such provisions include waiving child support or predetermining child custody arrangements. Prenups should focus on financial matters that may be agreed upon between the parties.
- Failing to consult independent legal counsel: Each party should have independent legal counsel when a prenuptial agreement is drafted and signed. The court may question the fairness of the agreement if one spouse did not have their own attorney or was not fully informed of their rights.
Our seasoned attorneys at Lawrence Law Office have extensive experience with high-asset divorce cases, which almost always include prenups. Contact us at 614-363-1273 for skilled legal assistance in drafting or reviewing a prenuptial agreement to ensure it is fair, enforceable, and addresses all relevant issues or in enforcing a prenuptial agreement during divorce proceedings.
