Protecting your rights & safeguarding your children’s future
Q: What are the basic requirements for a valid prenuptial agreement?
A: You must be contemplating marriage when entering into a prenuptial agreement. You must each completely and honestly disclose all of your assets and liabilities before creating your prenuptial agreement. Neither party may be coerced or unduly influenced to enter into the agreement. Two witnesses are required when you sign the prenuptial agreement. The agreement may not be unconscionable, meaning that it may not be clearly one-sided and ridiculously unfair to one party.
Q: What make a prenuptial agreement unenforceable?
A: Fraud, undue influence, misrepresentation, and duress are factors that can render a prenuptial agreement unenforceable. Additionally, the terms may not go against public policy or counter to the law. For example, you may not include stipulations for child support or parental responsibility and visitation in a prenuptial agreement, since public policy decrees these issues must be determined based upon what is in the child’s best interest.
Q: Does it matter when we sign our prenuptial agreement?
A: It’s better to negotiate and sign a prenuptial agreement far in advance of your wedding. The strength of the agreement is enhanced by this as it supports the assertion that neither party was unduly pressured into the prenuptial agreement, nor had inadequate time to consider the terms.
Q: Can we both use the same attorney?
A: You must each have your own legal representation when negotiating and signing a prenuptial agreement to ensure that each party’s interests are fairly represented and protected.
Q: What about postnuptial agreements?
A: Postnuptial agreements are not valid in Ohio.
Prenuptial agreements are an excellent tool for couples contemplating marriage. However, it’s important that you ensure the legality of your agreement. Contact Laubacher & Co. for experienced legal counsel.