Most people know that a prenuptial agreement allows you to decide before you get married what to do in case you get a divorce. Prenuptials are seen as failsafe legal tools to help you protect your best interests in the event your marriage ends. A postnuptial is essentially the same thing, but it is made after a marriage becomes official.
However useful a postnuptial may be, Ohio does not consider them to be valid and enforceable family law tools. Even if you and your spouse sit down together and create a postnuptial agreement with good intentions, the court is not going to see it as an official document that should be followed, or even considered. Why is that?
There are various theories to explain why Ohio law doesn’t permit postnuptial agreements, including potential authenticity or sincerity issues. Another concern is the belief that the agreement is there to promote or encourage a divorce between a couple in a fiduciary relationship. The assumption is made that a postnuptial will always encourage divorce to some degree. The question is raised why someone would want to try to decide how to handle property division, alimony, and a number of other important factors of divorce early if they did not already want a divorce already, perhaps in an unspoken way. Also, under Ohio law As such, Ohio does not allow postnuptial agreements, even when faced with evidence that it would be made respectably and with genuine purpose, not to cause a divorce.
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Knowing that you cannot make a postnuptial agreement because you live in Ohio can feel discouraging, but you should know there are possible alternatives and family law tools at your disposal. For example, if you have not yet gotten married, you can get to work on a prenuptial agreement instead. You may also want to take some time to sit down with a family law attorney and discuss smart ways to be headache-proofed from divorce, just in case it happens, like taking the time to make certain your finances and property are in order and clearly recorded.
At Weis Law Group, you can get all the legal support and guidance you need when faced with a family law concern or divorce. Whether you want a prenuptial agreement, you have concerns about the possibility of divorce after learning you cannot use a postnuptial, or you need trusted representative for your divorce, we are the compassionate and experienced team you can lean on. Contact us today to schedule a confidential consultation.