What is a Prenuptial Agreement?
Planning a wedding often involves flowers, venues, and guest lists—but for many couples in Northeast Ohio, it also includes thoughtful legal planning. A prenuptial agreement, or “prenup,” is a legal contract signed before marriage that outlines how assets, debts, and financial responsibilities will be handled in the event of divorce or death.
Why Consider a Prenup?
Prenups aren’t just for the wealthy. They’re for anyone who wants clarity, fairness, and peace of mind. Whether you own a business, have children from a previous relationship, or simply want to protect your financial future, a prenup can help ensure your intentions are respected.
In Ohio, prenuptial agreements are enforceable if they meet three key requirements:
Full and fair disclosure of all assets and debts
Voluntary agreement by both parties, without coercion
No terms that promote divorce or unfairly benefit one party
Prenups cannot include terms about child custody or child support—those decisions are made by the court based on the child’s best interests.
Legal Foundations in Ohio
Prenups must follow legal rules like the Statute of Frauds, which generally requires them to be in writing. While they’re typically signed before the wedding, Ohio courts may accept written notes created after marriage if they clearly refer to a prior verbal agreement.
Couples entering into a prenup have a fiduciary duty to one another—meaning they must be honest and act in good faith. The Ohio Supreme Court has ruled that as long as both parties voluntarily agree to fair and reasonable terms, the agreement is valid.
What Courts Look For
Ohio courts apply two tests to determine if a prenup is enforceable:
Property Division
Was the agreement made freely, without fraud or pressure?
Did both parties fully disclose their assets and debts?
Does the agreement promote divorce or unfairly benefit one party?
Prenups can also exclude property that may increase in value during the marriage from being divided in a divorce.
Spousal Support
Spousal support terms are judged based on fairness at the time the agreement is enforced—not when it was signed. A 1984 Ohio Supreme Court decision confirmed that prenups taking effect after a marriage ends are not against public policy.
In the Event of Death
If one spouse dies, the prenup remains valid unless challenged in court within four months after the estate is settled. These agreements can become contentious in probate court, especially if the surviving spouse believes the terms are unfair compared to Ohio’s default inheritance laws.
What About Postnuptial Agreements?
As of March 23, 2023, Ohio law now allows postnuptial agreements—contracts signed after marriage that serve a similar purpose to prenups. This change brings Ohio in line with most other states.
Postnups can be helpful when:
One spouse receives a large inheritance or starts a business
Couples want to clarify financial responsibilities after marriage
There’s a desire to protect children from a previous relationship
Like prenups, postnups must be in writing, signed voluntarily, and include full financial disclosure. They cannot pre-determine child custody or support.
Common Misconceptions
Some people think prenups signal distrust. In reality, they’re a sign of transparency and maturity. They encourage open conversations about finances and expectations—conversations that can strengthen a relationship.
Legal Guidance Matters
Whether you’re considering a prenup or postnup, working with a qualified family law attorney is essential. At N.P. Weiss Law, we help couples across Greater Cleveland—including Cuyahoga, Lake, Lorain, Summit, and Geauga Counties—create agreements that are clear, enforceable, and tailored to their unique circumstances.
Conclusion
Prenuptial and postnuptial agreements are powerful tools for protecting your financial future and reducing conflict. If you're planning a marriage—or already married—and want to explore your options, we’re here to help.
📅 Ready to move forward? Schedule a paid consultation with Attorney Nicholas Weiss.
📞 Have more questions? Contact our office.
About the Author
Gianna Colucci is a family law attorney at N.P. Weiss Law, serving individuals and families across Northeast Ohio with compassion and clarity. Learn more about Gianna on her bio page.
This article is meant to be utilized as a general guideline. Nothing in this blog is intended to create an attorney-client relationship or to provide legal advice on which you should rely without talking to your own retained attorney first. If you have questions about your particular legal situation, you should contact a legal professional.
