How to Get a Prenuptial Agreement in Ohio

A prenuptial agreement is a contract that couples can enter into prior to marriage. It outlines what will happen if the couple separates, and can cover topics such as asset distribution and spousal support. 

Prenuptial agreements are often perceived as only for high net-worth individuals, but have become increasingly recognized as useful tools for pragmatic couples at all income levels. 

Here’s what to know about getting a prenuptial agreement in Ohio. 

Prenuptial agreements in Ohio: What you need to know

Most states have codified the Uniform Premarital Agreement Act (UPAA), helping to promote consistency in prenuptial agreement standards across states. 

Ohio has yet to adopt the UPAA, or the updated version of the law, the Uniform Premarital and Marital Agreements Act (UPMAA). Prenuptial agreements in Ohio (also called “antenuptial agreements”) are governed by state law. 

Ohio law requires couples entering into a prenuptial agreement to meet the following requirements:

• The agreement must be in writing
• Both partners must sign the agreement
• Both partners must enter into the agreement of their own free will 
• The agreement cannot involve fraud or coercion
• Each party must fully disclose the characteristics and value of their individual property
• The terms of the agreement cannot encourage divorce or profiteering by means of the divorce process

Ohio prenups can cover property division, spousal support, and debt allocation, but cannot dictate child custody or child support terms​​. 

Common clauses found in Ohio prenups include the following:

• How to handle premarital and marital property 
• Spousal support terms
• Inheritance rights
• Division of specific assets (such as real estate)

Including provisions for the division of property and spousal support terms in an Ohio prenup can help ensure that both parties have clear expectations, helping to prevent future disputes. 

5 steps to get a prenup in Ohio

Follow these five steps to get a prenuptial agreement in Ohio. 

Step 1: Speak with your partner

Getting clear on your reasons for wanting a prenup and discussing what will happen if you and your partner separate is the first step in getting a prenup. Your reasons for getting a prenuptial agreement might include protecting business interests, ensuring a specific distribution of assets, and outlining inheritance rights. 

Communicating with your partner is key when it comes to creating a fair and enforceable prenuptial agreement. Discussing finances and potential separation before you’re even married may seem off-putting, but talking about how you will handle the division of assets should your marriage end can help you learn how to negotiate and problem-solve with your partner—tools that can help cultivate a successful marriage. 

Step 2: Contact separate attorneys

Both partners should consider contacting an attorney to discuss the terms of the prenuptial agreement. Using separate attorneys can help each party confirm that the document is fair and protects their own best interests.  

Step 3: Agree on terms

You and your future spouse should talk about the provisions you want to include in your prenuptial agreement, such as who is responsible for certain debts, whether one partner will pay the other spousal support, and how property will be divided should you later decide to separate. 

It’s important that the terms of your prenuptial agreement are fair. For instance, if the agreement contains a spousal support clause, the amount to be paid should reflect the paying spouse’s income. 

Step 4: Draft the agreement

Once you are clear on your reasons for wanting a prenup and you and your partner have agreed to the terms it should contain, the next step is writing the agreement. After you have written your prenuptial agreement, you and your partner can have your individual lawyers look over the document to make sure it is fair, contains relevant information, and complies with legal requirements. 

If the prenuptial agreement contains any discrepancies, or if an attorney advises that the document is not equitable or is missing essential information, you may need to go back to the drawing board and create a second draft. 

Step 5: Sign the agreement

If both parties have agreed to the terms of the prenuptial agreement and your lawyers have confirmed that it is legally sound, then you and your partner can sign the agreement. 

Signing the prenuptial agreement in front of witnesses and having the document notarized can add a layer of credibility by showing that both parties entered the agreement willingly. 

Do’s and don’ts of getting a prenup in Ohio

Here are some quick tips for what to do—and what to avoid—when getting a prenup in Ohio. 

Do’s

Creating a legally binding prenuptial agreement comes down to being transparent with your partner, ensuring that the document contains terms that are fair to both parties, and meeting Ohio’s prenup requirements.

Follow these tips to create a fair and enforceable Ohio prenup:

• Create a written prenuptial agreement.
• Make sure both parties sign the agreement.
• Get the prenup notarized for an additional layer of protection.
• Get separate attorneys to help ensure fairness.
• Be transparent—fully disclose all assets, financial obligations, and income.
• Plan ahead to avoid pressure and ensure there is time to negotiate before the wedding.
• Review the document periodically—if you have any major life changes over the years, you may consider modifying the prenup or creating a postnuptial agreement.

Don’ts

Including certain terms in your prenuptial agreement or failing to disclose required information can affect the validity of your Ohio prenup. 

Avoid the following mistakes when creating your prenuptial agreement:

• Don’t gloss over details about assets and debts and how they should be divided. Failure to fully disclose this information could make the prenup unenforceable.
• Don’t be misleading in any financial disclosure, as this could be seen as fraud.
• Don’t include personal or non-financial matters, such as requiring one spouse to maintain a certain appearance or dictating relationship dynamics with certain family members.
• Don’t violate fairness standards. Prenups cannot be unfair to one party.
• Don’t include child custody or child support terms. 

Do you need a prenup? Top benefits

Prenups aren’t just for the super-wealthy. There are many benefits a prenup can offer to individuals with varying income levels, including peace of mind, asset protection, alignment of marital expectations, financial transparency, and estate planning support.

Peace of mind

The days leading up to your wedding can be an exciting—and nerve-wracking—time. Trying to plan for all eventualities can take an emotional toll, but drafting a prenuptial agreement can help you feel confident that you have taken steps to protect your and your partner’s assets in the event of a divorce. 

Financial transparency

You can’t get a prenup without sharing your financial circumstances with your partner. Talking about money before you get married can help establish a culture of communication and honesty in your marriage.

Alignment of marital expectations

Getting a prenuptial agreement with your partner can help ensure that you are on the same page as to what will happen should you choose to separate in the future.

Using a prenup to outline divorce outcomes such as spousal support terms and how assets will be divided can help reduce the likelihood of having to go through costly, high-conflict legal battles during a divorce.

Financial protection

You may want to consider a prenup to help protect your assets, business interests, or inherited wealth.

For instance, an individual who has children from a previous marriage may want to create a prenup to ensure the children receive an inheritance, or a couple may want to get a prenup to define ownership of business interests. If one partner is expecting an inheritance, they can use a prenup to ensure that their separate property doesn’t become marital property. 

Estate planning support

You may also want to use a prenup as part of a comprehensive estate plan strategy. 

In community property states, all marital assets (such as property or bank accounts acquired during marriage) are owned equally by married couples. In Ohio, any assets obtained during a marriage can be owned jointly or held solely by one spouse. 

Getting married in Ohio doesn’t necessarily confer ownership rights over assets either spouse owned prior to marriage, but if one spouse dies, the surviving spouse may have certain legal rights (regardless of whether the deceased spouse left a will).

A surviving spouse in Ohio may have the following rights:

• The right to an allowance for support
• The right to an interest in real property
• The right to stay in the shared home for at least one year
• The right to receive the deceased spouse’s automobiles

While a prenup can protect your interests should you and your partner separate, the document can also be used in conjunction with a will or other estate planning tools to help ensure that both parties’ desires are clearly communicated and carried out in the event of a spouse’s death. 

FAQs

What makes a prenup valid and legal in Ohio?

A prenuptial agreement in Ohio must meet the following requirements to be considered valid and legal:

• The prenup must be written and signed by both partners
• Each party must enter into the agreement willingly 
• Each spouse must disclose their assets, debts, and property
• The prenup can’t promote divorce or profiteering by divorce
• The prenup can’t involve fraud or coercion

Do you need a lawyer for a prenup in Ohio?

While you can write a prenuptial agreement on your own, seeking legal guidance from a family law attorney or online platform that offers legal services can help you feel confident that the prenup contains required information and is enforceable. 

With LegalZoom’s online prenup service, you can get a personalized prenuptial agreement, attorney support, one round of revisions, and online document storage all in one place. 

How much does a prenup cost in Ohio?

Getting a prenup can cost thousands of dollars, with the price tag varying depending on where you live, how much your legal professional charges, and the complexity of your situation. 

Can you amend an Ohio prenup?

Yes, you can amend an existing prenuptial agreement. Ohio allows spouses to modify prenuptial agreements or enter into postnuptial agreements during marriage. A postnuptial agreement is similar to a prenup in that it outlines how property and assets will be divided should the marriage end, but is written after the couple gets married.