Post-nuptial agreements are the same as marital agreements, with the only difference that the former are concluded after marriage. Many states allow married couples to enter into these agreements; But Ohio is not one of those states. Concretely, Ohio law provides: According to Ohio Rev. Code Ann. . . These processes must all be accompanied by a physical separation of the parties. A post-uptial agreement is not authorized by ohio law. Post-nuptial agreements are executed if the parties intend to remain together, but want to define parameters that may differ from what the law would offer them in the event of divorce, dissolution or separation of bodies, should they ever erect them. Because post-accession agreements provide for married people to enter into contracts to change their relationship without separating, they are not allowed in Ohio. However, marriage contracts are allowed because they precede the marriage contract. Given these rules, it is always a good idea to consult a divorce lawyer before the wedding date.
He or she can help determine whether a marriage agreement is necessary to avoid future disputes. Such agreements are often referred to as “deal breakers.” In reality, there is nothing wrong with protecting businesses and other assets that could be negatively affected by a bad divorce. In fact, many couples live in a much more peaceful and productive marriage once these problems are ruled out. At Lawrence Law Firm, we have extensive experience in marriage contracts, separation agreements and divorces. We are happy to advise you on your options and listen to their concerns. Before marriage, a couple can enter into a contract on the couple`s property rights and economic interests. These types of agreements are known to several monikers, including pre-contial or antenuptial agreements, marriage contracts or prenupes. Marriage contracts can be used to determine how a spouse`s property should be disposed of after the death of a spouse. Or a marital agreement can be used to determine how ownership is shared after a couple`s separation or divorce. These agreements may also include provisions for sped assistance.
A marital agreement can cover as much or less in terms of property rights and economic interests as a couple wants. Then you can design and execute a marriage pact. Meet with a lawyer who can make sure that your agreement is written correctly and that you do not force your partner to sign it. Judges maintain a marital agreement in the event of a divorce, but you must make it work in the right way. There are various theories as to why Ohio law does not allow post-uptial agreements, including potential questions of authenticity or sincerity. Another concern is the assumption that the agreement is there to promote or encourage divorce between a couple in a fiduciary relationship. It is assumed that a post-uptial will always promote divorce to some extent. The question is why someone wants to try to decide how to manage at an early stage the distribution of wealth, submission and a number of other important factors of divorce if they do not already want to divorce, perhaps tacitly. Even under Ohio law as such, Ohio does not allow post-nuptial arrangements, even if one is faced with evidence that it would be made respectable and for the real purpose of not provoking divorce.