Couples in Ohio who are planning on getting married may want to strongly consider completing a prenuptial agreement or postnuptial agreement. These legal documents can be helpful with communicating about issues, such as finances, that couples may be reluctant to discuss openly and that could sometimes contribute to a divorce.
A prenuptial agreement, or prenup, is a legal contract that couples can complete before they get married. The contents of a prenup can vary from couple to couple, but it often contains detailed provisions regarding how assets are to be divided and the specifics about spousal support that should be paid after a divorce.
There are many types of issues that can be addressed in a prenup. It can provide details regarding how debt should be allocated after a divorce and which state’s laws will be used to determine how a disagreement should be resolved. However, issues such as how parental responsibilities are to be allocated, how long child support is to be paid and how much parenting time a former spouse is able to have cannot be addressed by a prenup as the best interest of the children must be the guiding principle when making parental decisions.
For couples who have already married, a postnuptial agreement can be used to specify how assets and income should be handled during the marriage and in a divorce. A postnup is generally completed during the early part of a marriage for couples who were unable to finalize a prenup before they got married.
A divorce attorney may assist with drafting prenups or postnups for clients. Negotiation may be used to ensure that the terms included in the legal documents protect the interests and rights of clients.