There are various theories as to why Ohio law does not allow post-uptial agreements, including potential questions of authenticity or sincerity. Another concern is the assumption that the agreement is there to promote or encourage divorce between a couple in a fiduciary relationship. It is assumed that a post-uptial will always promote divorce to some extent. The question is why someone wants to try to decide how to manage at an early stage the distribution of wealth, submission and a number of other important factors of divorce if they do not already want to divorce, perhaps tacitly. Even under Ohio law as such, Ohio does not allow post-nuptial arrangements, even if one is faced with evidence that it would be made respectable and for the real purpose of not provoking divorce. When two people decide to get married, the last thing that comes to mind is divorce. But in some situations, it may be a good idea to hope for the best, but to prepare for the worst by adopting a marriage pact to avoid difficult problems in the event of divorce. As with family laws, each state has its own marital agreement requirements. These laws govern what can and cannot be included in a marriage agreement and procedural conditions for the conclusion of such contracts. Other important steps that must be taken to ensure that a marriage agreement is valid are to present the other person`s agreement well in advance of the marriage date and encourage them to review the agreement with their own lawyer. Most people know that a marriage allows you to decide before you get married, what to do if you get a divorce.
Prenuptials are considered to be legal instruments that are immune to failure to help you protect your best interests if your marriage ends. A post-nuptial is essentially the same, but it is done after a wedding becomes official. An antenuptial agreement (also known as the matrimonial agreement) is a contract that is executed before marriage in contemplation of marriage. The treaty can deal with this: in Ohio, marital agreements are called “association agreements” and are generally authorized by Ohio family laws. In order for a marriage agreement to be valid, it must meet the following conditions: the Court has dealt separately with the provisions relating to ownership and support. As far as ownership is concerned, the standards apply to the date the agreement is executed, not at the time of the divorce. The agreement was accompanied by a heritage assessment of each individual. Tom`s fortune was listed at $500,000. Idas totals $5,000.00. The parties married in 1968 and had a son in 1970.
The marriage lasted about 14 years. At the time of the trial, Tom had net assets of approximately $6 million and his gross income for 1980 $250,000.00. The agreement provided that in the event of separation or divorce, Ida would receive a maximum of $200.00 per month for a maximum of 10 years. In addition, it provided that, in the event of a divorce, it was not entitled to the distribution of the estate, the costs or the legal fees. She also waived her Dower rights to her real estate. The courts consider various factors in determining the validity of the agreement. As I said earlier, the circumstances surrounding the implementation of the agreement are crucial. In Zimmie, the factors were as follows: the preliminary proceedings found that the plaintiff had not voluntarily entered into the agreement with the full disclosure of the defendant`s financial value, and the Ohio Supreme Court agreed. Given these rules, it is always a good idea to consult a divorce lawyer before the wedding date.