Prenuptial Agreements
Due to the popularity of prenuptial agreements, or as they are often called “prenups” or premarital agreements, the Dayton Lawyer and Dayton Attorney Guide felt it would be beneficial to provide an overview of this contract vehicle.
First, there are numerous reasons why you would consider a prenuptial agreement in Ohio. The most obvious (and most talked about on television) is because one fiancé is far wealthier than the other. Additionally, you may wish to proceed with a premarital agreement because you wish to pass on property to your children from a first marriage, wish to protect yourself from your fiancé’s debts, wish to enforce your estate plan, or you simply wish to avoid financial arguments in the case of divorce.
As with many legal matters, there are a few things that a premarital agreement is not. It isn’t romantic. If this becomes a huge issue, you can write a sunset clause into the agreement. This clause will make the prenup invalid after a set period of time. Another thing to consider is that state laws may already protect you. This is why it is very important to consult a Dayton lawyer when you consider forming or signing a prenuptial agreement.
It is also important to note what prenups can not do. They can not restrict child support, custody, or visitation rights. Also, they can not make rules about nonfinancial matters.
For a prenuptial agreement to be valid, it must meet certain requirements. The agreement must be in writing, entered into voluntarily, be considered fair, and be executed by the fiancés in front of a notary public (preferably in front of your Dayton attorney).
Due to the fact that the courts carefully scrutinize prenuptial agreements, the Dayton Lawyer and Attorney Guide highly recommends you use a Dayton Lawyer or Dayton Attorney to draft up the contract. If the court deems the premarital agreement to not meet state requirements or is unfair, they can simply throw it out. By using a Dayton Attorney or Dayton Lawyer, you will significantly increase the odds that the agreement will be enforceable.
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