An Ohio postnuptial agreement is a legal contract that outlines how property will be divided upon divorce, differentiating from prenuptial agreements established before marriage.
Legal Considerations
Historically, Ohio recognized these agreements mainly as separation agreements for couples intending to divorce. However, as of March 22, 2023, under § 3103.061, all married couples can now enter into postnuptial agreements.
- Signing Requirements: Signed by both spouses, the agreement can gain extra validity if notarized or witnessed by two individuals (§ 3103.061).
- Dividing Property: Equitable distribution.
Marriage and Divorce
Contracts
A husband or wife can:
- Make deals with their spouse, as long as they follow the rules that apply to people who have a trusting relationship with each other.
- Make deals with anyone else, just like they could if they were not married. [1]
(B) If a deal made with their spouse changes their legal relationship, it must follow the rules set out in the Revised Code. [2]
Validity and Enforceability
An agreement between spouses that changes their legal relationship will be considered valid and can be enforced if certain conditions are met:
- The agreement must be written down and signed by both spouses.
- Both spouses must agree to it willingly, without being tricked, forced, or pressured.
- Both spouses must either share all information about their property or already fully understand what property the other owns, including its value and how much there is.
- The agreement should not encourage or make it easier for the spouses to get a divorce or make money from getting divorced. [2]
Contracts Affecting Marriage
Married couples can:
- Make an agreement after getting married that changes their legal relationship with each other.
- Change or end an agreement made before or after getting married that changes their legal relationship with each other.
- Decide to separate immediately and make plans for dividing their property and providing support for each other and their children during the separation. [3]