Marital Agreement Archives

What are Key Terms in a Marital Settlement Agreement?

When separating spouses resolve their divorce through negotiation, mediation, or the collaborative process, the final terms of their divorce are set forth in a document known as a marital settlement agreement. It is important for this agreement to be as thorough as possible. When you go through a divorce, the last thing you want is to find out that you overlooked an important detail during the process. The following is an overview of some of the key issues that divorcing spouses will typically need to address in their marital settlement agreement.

How Will My Prenup Affect My Divorce?

If you and your spouse signed a prenuptial agreement (commonly referred to as a "prenup"), it will play a critical role in your divorce. While each agreement is unique, most prenups cover some or all of a number of common subjects. Many of these subjects relate to what happens in the event that one spouse files for divorce or both spouses agree to dissolve their marriage.

IACP Resources for Spouses Considering a Collaborative Divorce

For many couples, choosing the collaborative process for their divorce is the best option. In a collaborative divorce, spouses work within a structured framework to resolve their differences amicably without going to court. In many ways, a collaborative divorce falls in between an uncontested divorce (also called a dissolution) and what many people think of when they hear the term "contested divorce" - an adversarial, expensive court battle where the parties submit their differences to a judge.

Untying the Knot: Lessons from Bravo's new divorce show

From Bridezillas to Say Yes to the Dress, there are many TV shows dedicated to the exciting aspects of a wedding, but you don't usually see much attention given to the divorce process. Of course, getting a divorce certainly isn't as glamorous or romantic, but couples could learn a little from Bravo's newest show Untying the Knot.

Prenuptial Agreements and Are They Right For Most Couples

A recent article in the Wall Street Journal posed the question of whether a prenuptial agreement is right for most couples. The article surveyed several different attorneys to discuss the positive and negative aspects of prenuptial agreements. On one side, the proponents believe that prenuptial agreements are important because they help protect the financial interests of both parties. Furthermore, prenuptial agreements can also prevent costly, lengthy court battles over marital assets.

Divorce and Pet Custody Disputes

According to an article last year from the USA Today, pets are becoming increasingly involved in divorce battles. As with any type of property in a divorce proceeding, couples may fight vigorously to retain ownership of a pet once the divorce is finalized. The one main difference with a pet, however, is there are usually significant emotional attachments that can make disputes that much more contentious and difficult. In some situations, both parties have legitimate emotional bonds with the pet. Other times, one party may battle over the custody of a pet to use as bargaining tool in later negotiations.

Understanding Annulment and How it Affects A Marriage

In Ohio, a married couple may terminate a marriage in one of three ways: dissolution, divorce, or annulment. Dissolution, often referred to as "no fault" divorce, is legal method to terminate a marriage whereby the parties do not assign fault for the end of the marriage. Rather, the parties work amicably to resolve their differences and to enter into a settlement agreement, which terminates the marriage. Conversely, divorce (which can be based on fault or no-fault) is when the parties cannot reach a settlement agreement to terminate the marriage. Rather, the couple petitions the court to end the marriage, divide property, allocate child custody rights.

Prenuptial and Postnuptial Agreements Under Ohio Law

Before marriage, a couple may enter into a contract governing the couple's property rights and economic interests. These types of agreements are known by several different monikers, including premarital or antenuptial agreements, prenuptial agreements or prenups. Prenuptial agreements can be used to determine how a spouse's property should be disposed upon the death of one spouse. Or, a prenuptial agreement may be used to determine how property will be divided upon a couple's separation or divorce. These agreements may also provide for provisions governing spousal support. A prenuptial agreement can cover as much or as little regarding property rights and economic interests as a couple desires.

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