
Understanding What a Prenup Can (and Cannot) Legally Include
Preparing for marriage is about more than planning a wedding, it’s also about building a secure financial foundation. A prenuptial agreement can be a valuable tool for couples in Ohio who want clarity, transparency, and protection before entering marriage. However, Ohio law places important limits on what a prenup can include. Understanding these boundaries helps ensure your agreement is enforceable and aligned with your goals.
What Is a Prenuptial Agreement Under Ohio Law?
An Ohio prenuptial agreement is a written contract entered into before marriage that outlines how to handle financial matters if the marriage ends due to divorce or death. To be valid, the agreement must be signed voluntarily, include full financial disclosure by both parties, and be fair at the time it is executed and enforced. When properly drafted, a prenup can reduce uncertainty and prevent costly disputes in the future.
What You Can Include
Ohio prenuptial agreements may address:
- Division of property and debts, including what remains separate versus marital
- Business ownership and investments, protecting control and valuation methods
- Spousal support terms, although courts retain discretion to review the fairness
- Inheritance and estate planning considerations, such as preserving inheritances as separate property
- Financial management expectations, including bank accounts and expense sharing
These provisions allow couples to set clear expectations and protect assets acquired before or during marriage.
What You Cannot Include
Certain provisions are not enforceable under Ohio law. Prenups cannot determine child custody or child support, as courts always prioritize the best interests of the child. Agreements that promote or incentivize divorce, contain deceptive or grossly unfair terms, or are signed under pressure or without proper disclosure may also be invalidated. Ohio courts closely examine fairness, voluntariness, and transparency.
How Courts Evaluate Prenups
Ohio courts look at full financial disclosure, voluntary execution, fairness, and proper legal drafting. Agreements are far more likely to hold up when both parties have independent legal counsel and sufficient time to review terms before signing.
A thoughtfully prepared prenuptial agreement can strengthen trust and provide peace of mind as you begin your marriage.
At Hoover Kacyon, LLC, we deliver the highest quality legal representation from a team of professionals, while also providing excellent customer service. Call us at
330-922-4491 or
contact us online to make an appointment.
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