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A Prenuptial Agreement, often called an Antenuptial Agreement, is contract entered into by two parties
contemplating marriage. The purpose of a prenuptial agreement is to determine the division of assets
and preserves the assets owned by each party at the time of marriage remain the separate property if
and when the marriage terminates.
In Ohio, prenuptial agreements are enforceable in Ohio but if either party challenges the validity, the
party seeking to enforce the terms of the agreement carries the burden of showing that there was a full
disclosure of assets at the time of the agreement. Prenuptial agreements are interpreted as contracts
and must meet a minimum standard of good faith and fair dealing to be enforceable.
Prenuptial agreements are valid and enforceable (1) if they have been entered into freely without fraud,
duress, coercion, or overreaching; (2) if there was full disclosure, or full knowledge and understanding of
the nature, value and extent of the prospective spouse’s property; and (3) if the terms do not promote
or encourage divorce or profiteering by divorce.
A prenuptial agreement must be entered into prior to the date of marriage and must include a full
disclosure of the assets of each party. If both parties are represented by counsel it is often easier to
enforce the terms of the agreement and defend against claims that one of the parties was coerced.