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At Gaddy Family Law, we understand that discussing financial matters before or during marriage can feel uncomfortable. However, we also know that properly drafted marital agreements provide peace of mind and clarity that strengthen relationships. Attorney Patricia Gaddy brings compassionate guidance and extensive knowledge of Ohio law to help couples create enforceable agreements that protect their interests while building a foundation of trust.
Whether you’re considering a prenuptial agreement before marriage or a postnuptial agreement during your marriage, our experienced family law attorney will guide you through the process with sensitivity and expertise.
In Ohio, marital agreements are legal contracts that address the division of property, spousal support, and other financial matters between spouses or prospective spouses. The two primary types are prenuptial (antenuptial) agreements and postnuptial agreements. The requirements and enforceability of these agreements have evolved, especially with recent changes to Ohio law.
A prenuptial agreement (also called a premarital agreement or “prenup”) is a legally binding contract entered into by a couple before marriage. The agreement outlines how assets, property, and finances will be divided in the event of divorce and can address other issues such as alimony, inheritance rights, and debt obligations.
In Ohio, prenuptial agreements must comply with specific legal requirements to be valid and enforceable:
Common provisions in Ohio prenuptial agreements include property division, spousal support, debt allocation, business interests, and protections for children from previous marriages
Ohio law allows prenuptial agreements to cover a wide range of issues:
While prenuptial agreements offer flexibility, Ohio law prohibits certain provisions:
A postnuptial agreement is a contract entered into after marriage, addressing similar issues as a prenuptial agreement. Historically, Ohio did not recognize postnuptial agreements due to Ohio Revised Code Section 3103.06, which prohibited spouses from altering their legal relations after marriage except in cases of legal separation. However, this changed in March 2023:
Postnuptial agreements can be beneficial in various situations, such as:
Note: Postnuptial agreements must be entered into voluntarily, with full financial disclosure, and cannot include terms regarding child custody or support.
At Gaddy Law Firm, we follow a comprehensive process to ensure your marital agreement is legally sound, enforceable, and tailored to your specific needs:
The process begins with a confidential consultation to discuss your goals, concerns, and unique circumstances. We’ll explain how Ohio law applies to your situation and outline the benefits and limitations of marital agreements.
Both parties must compile and exchange complete information about their current assets, debts, income, real estate holdings, business interests, and other financial matters. While it is best practice to disclose any known or anticipated financial interests, Ohio law specifically requires disclosure of assets and debts you currently own. Full and honest disclosure is crucial for the agreement’s enforceability under Ohio law.
Based on your financial information and goals, we’ll draft a customized agreement that addresses your specific concerns while complying with Ohio law. If your spouse has separate counsel, we will work professionally with their attorney to negotiate terms that are fair to both parties.
You’ll have the opportunity to review the draft agreement and suggest changes. We encourage questions and will explain any complex legal language to ensure you fully understand every provision before signing.
Once both parties are satisfied with the agreement, it should be signed under Ohio law. While notarization and independent legal counsel are not strictly required by law, both are strongly recommended to help ensure the agreement is voluntary, fully understood, and more likely to be upheld in court. Each spouse should have adequate time to review the agreement, ideally with their own attorney, before signing.
While it is possible to create marital agreements without attorney assistance, doing so significantly increases the risk that the agreement will be deemed unenforceable if challenged in court. Common reasons Ohio courts may invalidate prenuptial and postnuptial agreements include:
By working with an experienced family law attorney like Patricia Gaddy, you can avoid these pitfalls and create an agreement that provides genuine protection and peace of mind.
Attorney Patricia Gaddy brings a wealth of experience to prenuptial and postnuptial agreement drafting. Since becoming a practicing attorney in 2016, Patricia has continued her legal education through membership in several professional organizations, including the Ohio State Bar Association, the American Bar Association, and the Women’s Law Association.
What truly sets Patricia apart is her approach to family law. Known for being patient, attentive, and caring, she creates an environment where clients feel comfortable discussing sensitive financial matters. As one court magistrate noted, Patricia “gives people time and listens to them” while being “very prepared” for each case.
Patricia’s background as a trained mediator gives her unique insight into crafting agreements that satisfy both parties while minimizing conflict. Her philosophy that “fighting is what costs people money” means she focuses on efficient, effective solutions that protect her clients’ best interests without unnecessary contention.
If you’re considering a prenuptial or postnuptial agreement in Ohio, contact Gaddy Family Lawto schedule a consultation with Attorney Patricia Gaddy. We serve clients throughout Northwest Ohio, including Toledo, Sylvania, and surrounding communities.
During your consultation, we’ll discuss your specific needs, answer your questions, and help you determine the best approach for protecting your assets and creating clarity in your marriage.
Contact us today at (419) 260-1795 or complete our online form to schedule your appointment. Invest in your future with a properly drafted marital agreement that provides security, transparency, and peace of mind.
Yes, prenuptial agreements are generally enforceable in Ohio courts, provided they meet all legal requirements: the agreement must be in writing, signed voluntarily by both parties before marriage, and include full and honest financial disclosure. The terms must be fair and not unconscionable, and the agreement cannot contain provisions that violate public policy. Courts may refuse to enforce agreements that were signed under duress, coercion, or fraud.
While commonly associated with high-net-worth individuals, prenuptial agreements can benefit many couples, including those with significant assets acquired before marriage, business ownership or professional practices, expected inheritances, children from previous relationships, substantial income differences, previous marriages, or significant debt concerns.
No. Ohio courts always determine child custody and child support based on the best interests of the child at the time of divorce. Any provisions attempting to predetermine these issues in a prenuptial agreement will be deemed unenforceable.
Both types of agreements can be enforced in Ohio, but postnuptial agreements may face more scrutiny in court because spouses owe each other a fiduciary duty that does not exist between engaged couples. This can raise concerns about undue influence.
However, a properly drafted postnuptial agreement, with full disclosure and independent legal representation for both parties, can be effectively enforced.
It is recommended that a prenuptial agreement be signed at least 30 days before the wedding to ensure that both parties have sufficient time to review and understand the terms of the agreement. Signing the prenup too close to the wedding date may raise questions about the validity of the agreement and whether it was signed under duress or coercion.
Ohio law does not specify a required timeframe, but it is advisable to complete the prenuptial agreement process at least 30 days before the wedding. This helps counter potential claims of coercion or duress and gives both parties adequate time to review the document, ideally with independent legal counsel.