A 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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• 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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Another 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.

Pursuant 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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