Ohio Postnuptial Agreement Template

An Ohio postnuptial agreement is a legal contract that outlines how property will be divided upon divorce, differentiating from prenuptial agreements established before marriage.

Understanding Postnuptial Agreements in Ohio

§ 3103.05 – 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.

(B) If a deal made with their spouse changes their legal relationship, it must follow the rules set out in section § 3103.061 of the Revised Code.

§ 3103.06 – 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.

§ 3103.061 – When Contracts Under Sections 3103.05 and 3103.06 Are Valid and Enforceable

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.

Download: PDF or MS Word.