As the saying goes, “love is blind.” However, when it comes to marriage, it`s important to consider the realities of life and the possibility of divorce. One way to prepare for potential divorce is through a premarital agreement, which is also known as a prenuptial agreement.
The Uniform Premarital Agreement Act (UPAA) was created in 1983 to establish a standard set of laws governing premarital agreements in the United States. The state of Ohio adopted the UPAA in 1991, and it has been in effect ever since.
Under the UPAA, a premarital agreement must be in writing and signed by both parties before their marriage. The agreement becomes effective upon marriage and can cover a wide range of issues, including property division, spousal support, and debt allocation.
In Ohio, premarital agreements are also subject to specific requirements outlined in the state`s Uniform Premarital Agreement Act. For example, both parties must fully disclose their assets and liabilities, and the agreement cannot be unconscionable. Additionally, the agreement may not waive a party`s right to spousal support if, at the time of the divorce, the waiver would result in one party being eligible for public assistance.
It`s important to note that premarital agreements are not a one-size-fits-all solution and should be carefully crafted to meet the unique needs of each couple. Consulting with an experienced family law attorney can help ensure that the agreement is legally enforceable and provides adequate protection for both parties.
In conclusion, for couples in Ohio who are considering a premarital agreement, the Uniform Premarital Agreement Act provides a legal framework to ensure that the agreement is valid and enforceable. However, seeking the guidance of an experienced attorney can help ensure that the agreement is tailored to meet the unique needs of each couple and provide adequate protection in the event of a divorce.
