How to Get a Prenuptial Agreement in Ohio

Getting married to the one you love is typically both a romantic and spiritual experience. The marriage license you sign to make it official is also a legally binding contract. While the possibility of divorce may be the last thing on your mind when you are getting ready to tie the knot, a prenup can be an act of love --- a protection you offer each other in good faith should you ever decide to part ways.

How Prenuptial Agreements Work

Also known as antenuptial agreements in Ohio, prenuptial agreements are designed to ensure that each party leaves the union with a fair settlement if the marriage dissolves. It is a practical document that distinguishes between marital and personal property in the relationship. You are likely already having these conversations with your fiancé; the prenup simply gives you a chance to put what you agree upon in writing.

Steps for Getting a Prenup in Ohio

A prenuptial agreement in Ohio is essentially in effect as soon as your marriage is finalized. The law in Ohio provides some general guidelines for what a prenup can or cannot include, but there are a few steps to take to ensure that the final draft is in the equal interests of both parties.

Step 1: Discuss the Need for a Prenup With Your Partner

The first thing you need to do is talk to your partner about getting an antenuptial agreement. Although this is a standard legal document that many couples draft before they are wed, it may still carry some stigma for your partner. You will need to give him or her time not only to adjust to the idea but also to make arrangements to have the contract reviewed. Being open and honest about your intentions is not only the smart way to start the process but a healthy way to start a marriage in general.

Step 2: Get an Attorney

You are not required to hire an attorney to create a binding prenuptial agreement in Ohio, but it's still a good idea to do so. An attorney helps you make sure your agreement meets the necessary criteria:

Both parties must enter into the agreement of their own free will and not under any kind of duress.
Both parties must disclose all property and liabilities.
The agreement must not promote or reward divorce.
The agreement cannot include any unconscionable terms.
Both parties must sign the agreement before they are married.

Step 3: Negotiate the Terms of the Agreement

Each person must disclose both assets such as property and liabilities such as debt when drafting a prenuptial agreement. Leave nothing out so that the contract is made in good faith. You may decide that the assets you bring into the marriage are still separate property, and one goal of the prenup is to put that in writing. The document also typically contains provisions for permanent or temporary spousal support in the event that dissolution of the marriage could conceivably disadvantage one of the parties without it. Child custody and support are not included in prenuptial agreements.

Step 4: Review and Sign the Document

Both you and your partner should have your attorneys review the document. This is a fair way to ensure that both people's interests are protected. Before the day of your wedding, you must sign the document in front of two witnesses. If you choose to have it notarized, the notary can serve as one of the witnesses.

Conclusion

Contrary to popular belief, the goal of a prenuptial agreement is to promote a healthy marriage rather than assuming the inevitability of divorce. It can be exciting to imagine what your life together may bring in terms of property or income growth. Contact a lawyer who specializes in antenuptial agreements to get started.