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

December 15, 2010

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.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child 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), Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, How Long Your Divorce May Last, International Abduction, Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

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

 

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Comments

  1. T says

    October 4, 2013 at 10:48 am

    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?

  2. B says

    September 10, 2013 at 11:04 am

    how long does a pre-nup agreeement good for.
    made in 1976 and step father has it all

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Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

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  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
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  • Divorce & Professional or Medical Practice Owners
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

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  • Father's Rights and Paternity (12)
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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535