Postnuptial Agreement

Columbus Postnuptial Agreement Attorneys

Postnuptial agreements are contracts made between spouses after they are married. They can address changing financial circumstances, including assets, debts, business interests, inheritance, retirement benefits, estate planning concerns, or the terms of an existing premarital agreement. At Boller & Petty, LLC, we help clients understand how a postnuptial agreement may address their family law needs and create an agreement tailored to their circumstances.

Call (614) 756-2827 or contact us online to schedule a consultation and discuss whether a postnuptial agreement fits your goals.

Postnuptial Agreements Can Clarify Financial Rights After Marriage

Postnuptial agreements can address a wide range of issues, but one common use is clarifying financial responsibilities between spouses. For example, an agreement may clarify responsibility for debts, the treatment of certain assets, or how property may be handled if the parties divorce.

These agreements can also address estate planning concerns. A postnuptial agreement may identify how spouses intend to handle certain assets if one spouse dies, and it may be considered alongside life insurance, beneficiary designations, and other estate-planning documents. It doesn’t automatically replace those separate documents.

There are several benefits to creating a postnuptial agreement, including:

Clarifying the treatment of assets and debts
Addressing business interests
Identifying inheritance-related concerns
Discussing retirement benefits
Coordinating with an estate plan
Reviewing the effect of a premarital agreement

A postnuptial agreement doesn’t control child custody or child support decisions, which remain subject to Ohio law and applicable court review. Our Columbus postnuptial agreement attorneys can help you evaluate whether an agreement is appropriate for your circumstances and discuss terms that reflect your goals.

Ohio Requirements for an Enforceable Postnuptial Agreement

Ohio’s postnuptial agreement framework under Ohio Revised Code Sections 3103.06 and 3103.061 took effect March 23, 2023. The agreement must be in writing, signed by both spouses, and entered into voluntarily without fraud, duress, coercion, or overreaching.

Both spouses must also have full disclosure, or full knowledge and understanding, of the nature, value, and extent of the property of both spouses. The agreement can’t promote or encourage divorce or profiteering by divorce. Although notarization and separate attorneys aren’t express statutory requirements, independent legal advice may help each spouse understand the proposed terms and address potential conflicts of interest before signing.

Our postnuptial agreement attorneys can explain the legal requirements that affect the creation, review, and modification of an agreement. If you have an existing postnuptial agreement and need to have it reviewed or modified, we can also help you evaluate your options.

What Can a Postnuptial Agreement Cover?

An agreement can address the division of property and debts. In Ohio, property acquired during a marriage is generally marital property and may be subject to division in the event of a divorce.

Property acquired by gift or inheritance may qualify as separate property. A postnuptial agreement may help spouses identify how they intend to treat specified marital property, separate property, debts, or business interests if the marriage ends. Whether a particular asset qualifies as separate property depends on the facts and applicable Ohio law.

A postnuptial agreement can also address pets, life insurance, beneficiary designations, and estate-planning concerns. For example, it may identify the intended treatment of certain assets after one spouse dies. Because estate-planning documents serve their own purposes, spouses should review the agreement alongside those documents.

Finally, a postnuptial agreement can address spousal support concerns. In Ohio, spousal support isn’t required in every divorce case, and whether it is awarded depends on a variety of factors. An agreement may define how spouses intend to handle support obligations, subject to the requirements that apply to a valid postnuptial agreement.

How to Modify a Postnuptial Agreement

A signed postnuptial agreement is legally binding if it meets the applicable requirements, but spouses may later agree to change or end it. Ohio Revised Code Section 3103.06 permits spouses to modify or terminate a postnuptial agreement, subject to the requirements in Section 3103.061.

If spouses want to modify or terminate their postnuptial agreement, they should use a written agreement that clearly reflects the changes and is signed by both spouses. The requirements for voluntary execution, property disclosure, and informed understanding also apply to a postnuptial agreement modification.

If the parties can’t agree on proposed changes, they may need legal advice about negotiation, enforceability, or available court procedures. We can explain the legal options that may apply to an existing agreement so you can make an informed decision.

How Our Columbus Postnuptial Agreement Lawyers Can Help

At Boller & Petty, LLC, we focus our practice on family law. Our Columbus postnuptial agreement attorneys can help you understand how these agreements may relate to your property, debts, business interests, estate-planning concerns, and other family law needs.

We take time to explain how Ohio law applies to your circumstances and answer your questions with empathy and compassion. We assist with creating new agreements and reviewing or modifying existing ones. Free case evaluations are available, and same-day consultations may be available when scheduling permits.

Call (614) 756-2827 or contact us online to schedule a consultation with a postnuptial agreement lawyer in Columbus.

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The legal process, filled with unfamiliar terminology and complex proceedures, can be difficult to understand.. We take the time to educate you and explain how it relates to your specific situation.
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Having our lawyers focus 100% on family law matters means we are entirely devoted to family court developments and keeping our clients updated on issues that affect them. This ensures we have deep knowledge of the family court system and the applicable law.
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We take the time to assess your goals and we’ll fight passionately to help you achieve them. Your personal and business financial assets matter, which is why we work diligently to protect them during your divorce proceedings. We understand that nothing is more important than your children, and we will fight to ensure the best outcome for them.
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Our lawyers practice in family law because we care about families. We have been through many of these issues ourselves. We understand on a deep level. When you’re our client, your family is our priority because we know firsthand how important these matters are.