Ohio: What are Antenuptial Agreements and Are Antenuptial Agreements Enforced?

Antenuptial agreements, also known as prenuptial agreements or premarital agreements, are legal contracts entered into by couples before they get married. These agreements outline the rights and responsibilities of each party in the event of a divorce or separation. In Ohio, antenuptial agreements are governed by various laws and court decisions that provide guidance on the formation, enforceability, and interpretation of antenuptial agreements in Ohio.

To be valid and enforceable, an antenuptial agreement in Ohio must meet certain requirements. First and foremost, the agreement must be in writing and signed by both parties. It is essential that both parties enter into the agreement voluntarily and without any undue influence or coercion. Full and fair disclosure of assets, debts, and financial obligations is also crucial to ensure transparency and fairness in the agreement.

Ohio law recognizes the freedom of individuals to determine the terms of their antenuptial agreements, as long as they do not violate public policy or involve illegal activities. Parties can include provisions related to the division of property, spousal support, inheritance rights, and other financial matters. However, it is important to note that child custody and child support matters cannot be predetermined or restricted by antenuptial agreements, as the court always prioritizes the best interests of the child.

When it comes to enforcing antenuptial agreements in Ohio, the courts consider various factors. They assess the fairness and reasonableness of the agreement at the time of its execution. Factors such as the presence of independent legal representation for each party, the disclosure of assets, and the absence of fraud or duress are taken into account. If the court determines that the agreement was entered into freely, knowingly, and with a full understanding of its implications, it is likely to enforce the agreement.

However, it is important to understand that the court has the discretion to invalidate or modify certain provisions of an antenuptial agreement if they are found to be unconscionable or against public policy. For example, if the agreement leaves one party in a significantly disadvantaged financial position or if it attempts to waive rights to spousal support in an unfair manner, the court may intervene to protect the interests of the disadvantaged party.

R.C. 2106.22 sets forth the requirements for the enforceability of antenuptial agreements in Ohio. It states that for an antenuptial agreement to be valid, it must be in writing and signed by both parties. Additionally, the agreement must be entered into voluntarily, without any coercion or duress. Both parties must also provide full and fair disclosure of their assets, debts, and financial obligations.
When it comes to attacking or challenging an antenuptial agreement in a divorce, there are several grounds that can be raised. These include:

1. Lack of Voluntariness: If one party can prove that they were forced or coerced into signing the agreement, it may be deemed invalid. Evidence of duress, fraud, or undue influence can be presented to support this claim.

2. Lack of Full and Fair Disclosure: If one party can demonstrate that the other party failed to provide complete and accurate information about their assets, debts, or financial situation, it may be argued that the agreement is unenforceable. Full and fair disclosure is essential to ensure that both parties have a clear understanding of the financial implications of the agreement.

3. Unconscionability: If the terms of the antenuptial agreement are found to be grossly unfair or one-sided, the court may refuse to enforce it. Unconscionability refers to a situation where the agreement is so one-sided that it shocks the conscience of the court.

4. Public Policy Considerations: Antenuptial agreements that violate public policy will not be enforced. For example, provisions that attempt to waive child support obligations or restrict child custody rights may be deemed against public policy and unenforceable.

It is important to note that the burden of proof lies with the party seeking to invalidate the antenuptial agreement. They must present evidence and arguments to support their claims and convince the court that the agreement should not be enforced.