Prenuptial or “Antenuptial” agreements sometimes get a bad rap. They are commonly seen as a sign of mistrust between partners, and an indication that the marriage is off to a bad start. However, this is not necessarily the case.
Prenuptial agreements can encourage honest and open discussions about finances. This is vital, as financial disagreements are one of the leading causes of divorce in the States. Also, a prenuptial agreement can offer security to both parties, should the marriage dissolve.
For a prenuptial agreement to be valid in Ohio, it must meet a series of conditions, as outlined below.
Legal agreements should not be entered under duress
For a prenuptial agreement to be valid, and fair to both parties, it must be entered into voluntarily. Neither party should be forced into sacrificing their legal rights or breaking the law. The timing of the agreement is also crucial. For instance, a court may question an agreement that was signed one day before the wedding took place.
Divorce must not be encouraged
While divorce is a feasible option where it is impossible for the marriage to be reconciled, marriage is still considered to be a sacred institution that should not actively be encouraged. A valid prenuptial agreement should not contain terms that appear to encourage divorce.
For a prenuptial agreement to hold up, all parties must be completely honest and free from duress. If you feel that an agreement is fraudulent, or sacrifices your legal rights as a spouse in Ohio, you might want to reach out to someone who has knowledge in this area.