Marital Agreement Lawyers in Columbus, OH
Protecting Your Assets
Marital agreements in Ohio include prenuptial agreements, known as antenuptial agreements in the state, and marital separation or property settlementagreements pertaining to divorceor dissolution of marriage. As agreements that generally lay out the ground rules for how financial matters will be handled in the event of a divorce or death, prenuptial agreements are generally recognized by the state. However, these agreements must be established according to Ohio law. And, in the final analysis, the merits of any prenup will be decided by the courts on a case-by-case basis at the time when the issue arises.
To ensure that your prenup is written and executed in accordance with Ohio, we strongly advise that you retain the services of a competent family law attorney. At Boller & Petty, LLC, our Columbus attorneys are well-versed in the legal requirements for drafting and executing such a document. We can provide the advice, guidance, and follow-through to help ensure that your agreement carries the validity it needs to withstand later scrutiny by a local court.
What Exactly is an Antenuptial Agreement?
An antenuptial agreement is a legal contract written and executed by two people who plan to marry in the future. It will not go into effect until the wedding takes place. It outlines how the finances, property, and assets will be divided should the marriage end in divorce or the death of one of the spouses.
Prenups can establish rules for such issues as:
- The rights of each spouse in regards to any property or assets that are owned separately (separate property) or together (marital property)
- A delineation of what is marital property and what is separate property; separate property will not be divided under equitable distribution rules but instead be handled according to your individual wishes as its owner
- How a family-owned business or professional practice or interest in such businesses will be handled upon death or divorce
- The rights of spouses as regards one another’s gifts or inheritances
- How spousal support (alimony) will be handled and for how long in the event of divorce
- The rights of each spouse in regards to selling, using, or transferring property or assets
- How the matter of death benefits is to be handled
- Any other financial or property issue that the couple needs to have established
These agreements are especially beneficial to individuals coming into a marriage who have considerable property or assets they have accumulated earlier in their lives. Such an agreement can provide protections of these assets. It allows them to be handled according to the owner’s needs and objectives without being subject to state law in regards to the division of marital property.
Prenups are valuable in second and subsequent marriages when children from previous marriages need to be protected in inheritance rights. They are also valuable for those coming into a marriage with a business or professional practice to ensure that the company is passed on or handled according to one’s predetermined plans. Issues that cannot be covered include child custody and child support, which will be subject to the court’s decisions at the time such matters arise in legal proceedings.
How Boller & Petty, LLC Can Help
In order to be enforceable, an antenuptial agreement must be executed according to certain rules, such as full disclosure of all assets and liabilities, agreed to without threat, coercion, or fraud, and entered into voluntarily. Furthermore, the terms must be fair and reasonable to both sides and must not contain provisions that will promote divorce. Our firm can help to ensure that your document is in compliance with Ohio law.
Contact our Columbus marital agreements attorneys at (614) 756-2827 for further help today.