Cincinnati Prenuptial Agreement Attorneys
Strengthening Your Commitment by Protecting Your Future
Prenuptial agreements, or “prenups,” tend to have a negative connotation; however, this is unearned. In reality, prenups are incredibly valuable documents that can not only ensure your future is protected but also strengthen your commitment. Marriage is not only about love; it is also a legally binding contractual agreement. While no one likes to think about the possibility of divorce—especially at the beginning of a marriage—the fact remains that divorce rates are still very high. Having a plan in place for that possibility can provide both you and your future spouse with greater peace of mind as you embark on the next chapter of your lives.
If you are interested in drafting a prenuptial agreement (or antenuptial agreement, as it is known under Ohio family law), or if you simply have questions about prenups in Ohio, contact the Cincinnati prenuptial agreement attorneys at Greene & O’Malley Attorneys at Law for a free, confidential consultation. We can help you understand all of your options and create a solid structure for the future of your marriage.
What a Prenup Can—and Can’t—Do in Ohio
In the simplest terms, prenuptial agreements outline which properties are to be considered separate and which are to be considered marital in the event of a divorce. However, this is not all that prenups can do.
A prenuptial agreement can be used to:
- Designate marital/separate property
- Outline whether or not one spouse is entitled to alimony
- How assets should be divided in the event of death or divorce
- How debts should be handled in divorce or if one spouse dies
- The right of each spouse to use, sell, or transfer certain properties
- If either spouse has any rights to the other spouse’s gift/inheritances
- The right of each spouse to receive death benefits from the other’s insurance policy
In contrast, prenuptial agreements cannot be used to:
- Take away one parent’s right to receive child support
- Modify the amount of child support one parent will receive so as to make it less than the minimum amount required by law
- Take away a parent's right to custody/visitation
Furthermore, in order for a prenuptial agreement to be valid in Ohio, it must be signed in good faith and without coercion by both spouses. Both spouses must have the mental capacity to sign such an agreement and neither can be pressured to sign or sign the prenuptial agreement under duress. The terms of a prenup also cannot encourage divorce and both spouses must fully disclose all properties/assets in order for the prenup to be valid.
Trusted Legal Counsel for Complex Family Law Matters
While one of the most common scenarios in which a spouse may seek a prenuptial agreement is when that spouse has considerably more assets than the other, prenups can benefit any couple. Individuals who wish to protect children from a previous marriage/partnership may wish to obtain a prenup, as well as older individuals or those marrying for a second, third, or subsequent time.
To learn more or for assistance drafting a valid prenuptial agreement in Ohio, contact Greene & O’Malley Attorneys at Law. Our Cincinnati prenuptial agreement lawyers can walk you through the process and fully explain your rights.
Call (859) 594-7730 for a free phone consultation with a member of our legal team.
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