Each of the 50 states have their own rules regarding prenuptial and postnuptial agreements. Many will permit couples to enter into a postnuptial agreement and will legally recognize such. However, the state of Ohio does not.
A prenuptial agreement in Ohio is recognized and legally binding. However, Chapter 3103.6 of the Ohio Domestic Relations Code deems that a marriage contract cannot be affected in any way post marriage other than if the parties were to legally separate. This means that a husband and wife may not contract with each other in any way after marriage, and therefore a postnuptial agreement would not be allowed.
The only exception to this rule would be if a legal separation were to take place, meaning that the parties have decided to live separately but remain married. The parties could then enter into an agreement to allow the necessary provisions for each of them, as well as any children involved.
These rules considered, it is always a great idea to consult with a divorce attorney prior to the marriage date. He or she will be able to help determine if there is a need for a prenuptial agreement to prevent any possible future disputes. These types of agreements are many times thought of as a “deal breaker”. In reality, there is nothing wrong with protecting businesses and other assets that could be negatively affected by a nasty divorce. As a matter of fact, many couples find themselves living in a much more peaceful and productive marriage once those concerns are taken off the table.