Generally speaking, a prenuptial agreement crafted in accordance with Ohio’s family law code is enforceable. However, missteps and oversights in drafting the original document can lead to vulnerabilities that can be exploited to invalidate the whole document. The most common mistake is including language that invalidates the premarital agreement as a whole, which begs the question:
What can and can’t be included in a prenuptial agreement?
In listing the requirements that Ohio law has for prenuptial agreements, it is probably easier to talk about the things that are specifically excluded. If any of the following are a part of your prenup, you are likely to face serious challenges if the document is ever needed:
- Child custody plans: A child custody plan or parent plan draft cannot be included in a prenuptial agreement because when these topics are addressed in divorce, the standard of the “Child’s best interests” will overrule all other concerns.
- Child support payments: Child support is another area where the payments will be settled at the time of a divorce, looking at the current financial situation of both spouses at that time.
- Unconscionable clauses: As a prenuptial agreement is a contract in many ways, they have the same vulnerabilities to overly destructive and unfair clauses, even if it is agreed upon at the time.
- Incentives for divorce: Any clause dictating levels of assets or spousal support based on length of marriage or any other language that could potentially encourage a divorce.
Prenuptial agreements are ways to protect financial stability for both parties entering the marriage. The discussions for a prenup often touch on all aspects of a life together, including things that are inappropriate for a prenup. Many couples who have these discussions and get prenups find them super valuable, even if they are never utilized.
But you still want to make sure your prenup is enforceable.
You can double-check your prenup
An experienced family law attorney can fully review your prenup with you and explain if there are any weaknesses or problems. It’s also possible to negotiate or outright recreate a prenuptial agreement as a postnuptial agreement, if you wish. But it will always be important to make sure every document you sign carries the weight of enforceability.