A Pre-Nuptial Agreement is a document prepared and signed by two people who anticipate that they will marry. Its purpose is to manage risk, to the extent possible, of a termination of the marital relationship by divorce, legal separation, or dissolution. In the event that the two of you reach agreements about certain aspects of your marital relationship, then you may be able to proceed with preparation of a Pre-Nuptial Agreement. This means that you would typically discuss managing your financial affairs, ownership of property, parenting children, providing for spousal support, or any other interests that you might have in common.
There is no requirement in Ohio law for a Pre-Nuptial Agreement to be filed with any court at the time of its formation. Instead, it is typically brought forward at the time of any legal proceeding to end the marriage. At that time, the presiding court would rule on its enforceability and validity.
In order to prepare a Pre-Nuptial Agreement, the parties must both prepare and exchange a full financial disclosure and put in writing exactly what their agreements will be. Importantly, both parties should inform themselves of their legal rights, and finalize their agreement well in advance of their wedding.
First, some business matters. Our experience has taught us that putting financial agreements in writing assures that we understand our mutual expectations. To that end, please click on “fee agreement” and proceed.