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Do you need a prenup? Antenuptial and Prenuptial Agreements in Ohio.

Ohio Prenup Prenuptial Antenuptial Agreement LawyerA Columbus Ohio Prenup Attorney article about Antenuptial Agreements and Prenuptial Agreements in Ohio.

Do you need a Prenuptial Agreement?  The answer is – it depends.  Prenuptial Agreements (also called Antenuptial Agreements, or “Prenups”) can be a valid part of planning for a long and successful marriage.  In circumstances such as these, the security of knowing what may happen to your finances if the marriage is unsuccessful will allow each of the parties to enter the marriage with a common understanding regarding finances:

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Ohio Family Law Attorney Antenuptial Agreements

  • parties marry later in life,
  • have children from a prior relationship or marriage
  • have acquired significant assets or investments,
  • or own a business or practice which they would not want to go to their spouse in the event of death or termination of the marriage
  • have acquired a business, a practice or significant asset or investments with one or more partners, and you do not want the assets to be subject to division upon your death or the end of the marriage

Ohio Revised Code 3105.171 governs the division of marital property in a divorce, dissolution or legal separation.  Pursuant to Ohio Revised Code 3105.171(A)(6)(v), real property (real estate) or personal property (almost anything BUT real estate) which is excluded from marital property by a valid Antenuptial Agreement is not part of the marital estate which is subject to division by the Court.

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Divorce Prenup Spousal Support Attorneys Columbus OhioAnother reason Prenuptial Agreements and Antenuptial Agreements are often necessary t is to limit exposure to spousal support obligations if the parties should divorce.  However, the spousal support provisions of an Antenuptial Agreement must not be unconscionable, and conscionability is determined according to the facts and circumstances at the time the marriage ends, not by the facts and circumstances when the Prenuptial Agreement was made.

Franklin County Ohio Prenuptial Agreement LawyerPursuant to Ohio Revised Code 2106.22 the provisions of an antenuptial agreement are still valid upon the death of a party to the agreement, unless an action to set it aside is commenced within four months after the appointment of the Executor or Administrator of the estate of the decedent, or unless, within the four-month period, the validity of the agreement otherwise is attacked.

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Prenup Attorney in Ohio

For information about divorce you may be interested in a series of articles by a Columbus Ohio Divorce Lawyer and Columbus Ohio Divorce Attorney about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.

Several of the articles in the series can be seen here:

Part 1 (Conciliation or Legal Separation)Part 2 (Dissolution or Uncontested Divorce)Part 3 (Reasons to Choose Divorce)Part 4 (Restraining Orders),Part 5 (Where will you live?), Part 6 (Paper Work)Part 7 (Health Insurance),

In addition to the installments in the Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

AdulteryAnnulmentAlimony (Spousal Support)Best Interest of the ChildChild CustodyChild Custody Jurisdiction, Child Support (deviation)Child Support (how much)Child Support (how to pay)Child Support (lower)Child Support (myths)Child Support (resources), Child Support (sign up)ContemptDissolutionDivorce BasicsDivorce MythsForeclosure MediationGrandparentsGuardian ad LitemHouseHow Long Your Divorce May LastInternational AbductionLegal SeparationMediationMovingPacket of Forms vs. Getting a LawyerShared Parenting,Temporary OrdersTemporary Orders AffidavitsWhere to File for Divorce

CALL NOW  at (614) 225-9316 or contact us by e-mail.

 

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Comments

  1. T says

    Legally, do you need to have a prenup written by an attorney? I found documentation online. Can I legally just use that and sign it before a notary?

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