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The Ohio postnuptial agreement is a legal document that determines the rights and obligations of each spouse in connection with their individual and marital property.
Each party will use the postnup agreement to outline the assets and liabilities acquired before signing the agreement. The parties will then define their rights and responsibilities in terms of their individual and marital property. However, the spouses can also use the document to define how the property will be divided in the event of a marriage dissolution or divorce.
The main difference between postnuptial and prenuptial agreements is in the moment of signing the document. With the prenup agreement, the parties are signing the document before they enter the marriage, while with the postnup agreement, the parties are signing the agreement after entering the marriage.
Laws and Legal Requirements for a Postnuptial Agreement in Ohio
The laws and legal requirements for a postnuptial agreement in Ohio define what the document should look like and what provisions it can include.
The main legal source for determining the legality of the Ohio postnuptial agreement form is the Ohio Revised Code. Previously, Ohio state law allowed spouses to make agreements only for determining the terms of separation. However, from March 22nd, 2023, the spouses can enter into a postnuptial agreement.
Section 3103.06 provides that the parties can:
Laws and Legal Requirements
Enter into postnuptial agreements that alter their legal relationship
Modify or terminate their antenuptial or postnuptial agreements
Enter separation agreements determining the division of the property, alimony, and child support
Signing Requirements for a Postnuptial Agreement in Ohio
The state law provides that the Ohio postnuptial agreement must be made in writing. Moreover, the state law requires both spouses to sign the postnuptial agreement form.
Although it’s not mandatory, the parties should also consider notarizing their postnuptial agreement. This will additionally confirm the authenticity of the document and prevent any potential misunderstandings between the parties in this regard. The notary public will confirm the identity of the parties and acknowledge that they have personally signed the agreement.
Postnuptial Agreement Enforcement in Ohio
Section 3103.061 of the Ohio Code provides the requirements for the enforceability of the postnuptial agreement.
It provides that any agreement between the spouses altering legal relations between the spouses should be enforceable if:
Postnuptial Agreement Enforcement Conditions
The agreement is made in writing, and if both spouses sign it
The agreement is entered into freely without fraud, duress, coercion, or overreaching
If each party made full disclosure of their property at the moment of signing the agreement, or if each party had full knowledge and understanding about the nature, value, and extent of the property of the other spouse
What Can a Postnuptial Agreement in Ohio Cover?
The postnuptial agreement in Ohio can cover multiple aspects of the financial and non-financial relationship between the spouses. However, when drafting the postnuptial agreement, the parties should make sure all of the provisions are in line with state laws and public policy.
In the section below, you can see some of the matters that are most commonly regulated by the provisions of the postnuptial agreement template:
Provisions in a Postnuptial Agreement
The rights and responsibilities of parties in connection with their individual and marital property
Right to buy, sell, lease, mortgage, transfer, or manage the property the parties have acquired during the marriage
Agreement on how the property will be divided in case of marriage dissolution, divorce, death, or any similar event
Matters related to alimony, pensions, insurance, and more.
Postnuptial Agreement in Ohio: Validity Criteria
The first validity criterion for the Ohio postnuptial agreement form is connected with the formality requirements outlined in the state law. This means that the postnup agreement will be considered invalid if it’s not made in written form and if it’s not signed by both parties to the agreement.
Moreover, the validity of the postnuptial agreement is also connected to the existence of the marriage. This means that the parties can sign the agreement only after they have entered into a marriage.