Rice & Company, LPA
Kollin L. Rice, Attorney at Law
2424 Woodville Rd
Oregon, OH 43616
(419)697-3993 fax

Listening to you. Fighting For You.

email: kollinrice@yahoo.com

Call now 419-697-2424

Divorce and Child Custody Law: Prenuptial (Antenuptial) Agreements

As a part of our domestic relations practice, we work with people to draft prenuptial agreements, and review those drafted by other lawyers.

A prenuptial agreement, also called an antenuptial agreement, is a contract entered into two people prior to their marriage that affects their rights upon the termination of that marriage. This can control what happens upon divorce or upon the death of a spouse.

Prenuptial agreements have long been accepted in Ohio, subject to some limitations. To be enforceable, a prenuptial agreement must have been entered into in good faith, without fraud, duress, coercion or overreaching. There has to have been a full disclosure, or full knowledge, and understanding, of the nature, value and extent of each party’s property. And the terms of the agreement must not promote or encourage divorce or profiteering through divorce.

For the most part, matters of child custody and support are not subject to a prenuptial agreement, and will for the most part generally be determined by a judge independent of the agreement. Further, a judge has the power to determine if, at the time of the divorce, and provision is so one-sided in effect as to be unconscionable.

Prenuptial agreements are often used before second marriages when the parties have children by a prior relationship and are bringing substantial assets or income into the marriage. They can be a useful tool to provide for children or keep assets in the family. If properly done, a prenuptial agreement can even strengthen a marriage by reducing a party's concern for keeping assets separate due to a desire to pass them down to family.

I tend to be fairly particular about prenuptial agreements. If they are not done correctly, they can be worthless or worse. It is important to know your rights going into them, and to carefully consider the impact they may have (or not have) upon divorce or the death of a party. It is also important to consider whether other alternatives might be used to achieve your objectives either in conjunction with or in place of an antenuptial agreement.

If you are interested in entering into a prenuptial agreement, or if your betrothed has indicated that it is something they want you to consider, I will be happy to help. Please contact me at the number or email below:

Kollin L. Rice, Attorney at Law
email: kollinrice@yahoo.com

Call now 419-697-2424

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