What role could prenups play in a divorce?

by | Nov 29, 2018 | family law, Firm News

Before they have even celebrated their wedding days, some Ohio couples have made plans for how they will manage their property in the event that they divorce. Prenuptial agreements, sometimes referred to as prenups, are contracts that parties may enter into before they marry that outline how their financial responsibilities and property holdings will be dealt with in the event that their marriage does not last. Not everyone who marries will want a prenup but those who do enter into them should be aware of what will happen if they divorce with one in effect.

A prenuptial agreement will be reviewed by a divorce court to ensure that it is valid. If the agreement covers topics such as child support that are prohibited from inclusion, then those terms may be stricken from them. If the agreement was created while one of the signing parties was under duress or otherwise coerced into signing, then the entire agreement may be set aside.

In addition to validity, a court will look at a prenup to decide if it is fair. If the circumstances of the couple have drastically changed since the prenuptial agreement was created then the court may rule that it should not control the outcome of the divorce. If it suffers from technical deficiencies it may also be thrown out by the divorcing couple’s court.

If a prenuptial agreement is valid, sound and fair, then it will likely control the outcome of certain aspects of a couple’s divorce. It is important that readers with prenup questions discuss them with their family law attorneys. Different agreements may pose different challenges during divorces, and it is important that readers get personalized help with their legal needs.