call for a consultation(513) 653-4587
call for a consultation(513) 653-4587
While no one expects their marriage to end through divorce or premature death, life can take unexpected turns. One way to protect yourself from potential trouble in the future is to craft a prenuptial or postnuptial agreement. For couples living in the West Chester area, you can take this step by consulting a West Chester prenuptial and postnuptial agreement lawyer.
call for a consultation(513) 653-4587
Scott Hoberg is an experienced family law attorney at Hoberg Law. He approaches his work with the goal of helping his clients create peace and stability in the midst of life’s unpredictability. Scott values being active in the community, and he has a conveniently located West Chester office on Tylersville Road. He brings extensive knowledge of pre- and postmarital agreements and the legal requirements surrounding them.
Prenuptial and postnuptial agreements are legal documents that outline what assets you and your spouse have and how those assets would be divided in the event of a divorce. Prenuptial agreements are drawn up before you are legally married, while postnuptial agreements are made after. Both prenuptial and postnuptial agreements perform the same essential function and are governed by the same practices and requirements.
Pre- and postnuptial agreements can include a wide variety of assets, both individual and marital. Individual assets are things each of you owned before your marriage, whereas marital assets are property acquired while married. The agreement would delineate individual and marital property and specify who would get what, or what percentage of the value, if you divorced.
Agreements often include provisions for alimony, taking care of household financial obligations, custody of pets, and what happens with bank accounts that both spouses own. Individual businesses and family inheritance can also be written into the contract. For example, a prenuptial agreement may protect a large amount of money one spouse inherited from a parent from being split.
Debts and obligations can also be included in these agreements. For example, if one spouse came into the marriage with debt and the other did not, the agreement could ensure that the person who incurred the debt remains fully responsible for it in a separation.
It may seem strange to get a prenuptial or postnuptial agreement. Some people feel that putting such a contract in place is tantamount to planning on divorce. That is absolutely not the case. A prenuptial and postnuptial agreement is about protecting yourself and your spouse from avoidable conflict in the unfortunate event of a separation. Prenups are also quite commonplace, with around 15% of engaged or married American couples reporting that they have one.
Almost no one goes into a marriage intending for it to end in divorce. However, the reality is that divorce does happen, often due to factors that are not possible to predict at the time you get married. In fact, 2.4 per 1,000 people in Ohio got divorced in 2023 alone.
There are many reasons why someone might want to get a prenuptial or postnuptial agreement. Here are some example situations:
If you are drafting a prenuptial or postnuptial agreement, it is important to be sure that it will be enforceable in court. If you hire a prenuptial and postnuptial agreement lawyer in West Chester, OH, you can be confident that your contract is legally sound and will serve its function, which is making the process of separation much easier and smoother. It may even keep you out of court altogether; up to 80% of divorce cases with contracts settle without seeing the inside of a courtroom.
Yes. Postnuptial agreements are generally enforceable in Ohio. For a postnuptial agreement to hold water, four conditions must be met. (1) Both parties must be of legal age at the time of signing. (2) Both parties must be mentally capable of understanding the contract. (3) Both parties must have had the opportunity to discuss the contract individually with a lawyer. (4) Both parties must sign the agreement freely and not under coercion or duress.
Yes, you can sign a prenup before you get married and then later draft a postnup. However, the postnup would update and supersede the prenup, so only one of the contracts would be in force at any given time. This is a somewhat common situation. Couples sign a prenuptial agreement and then want to modify the terms later in their marriage as life circumstances and assets change.
No, child custody arrangements cannot be included in a prenuptial or postnuptial agreement. These contracts are concerned primarily with financial assets and equitable division of property in the event of a divorce. Child custody agreements are an entirely different issue and require input and ultimate approval from the court handling the divorce.
There are a few possible reasons why a postnuptial agreement could be voided. Some contracts include an infidelity clause, which may state that the terms of the agreement are void if one spouse cheats. A contract may also be voided if one spouse did not have adequate time to review it or if it heavily favors one party over the other. Your attorney can help you draft an agreement that is equitable and will hold up in court.
Life is full of unpredictable turns, but you can be prepared for whatever lies ahead. At Hoberg Law, we can help you draft a prenuptial or postnuptial agreement that will protect you and your spouse from asset loss, stress, and lengthy litigation in the event of a divorce. Contact us today for a free consultation to discuss your needs.
call for a consultation(513) 653-4587
"(Required)" indicates required fields