Contracts

Financial clarity is one of the strongest foundations a marriage can have. A well-drafted prenuptial agreement doesn’t signal mistrust; it reflects maturity, transparency, and mutual respect.

My firm helps couples in Ohio create agreements that promote clear communication, prevent misunderstandings, and ensure that both individuals enter marriage with a full understanding of their financial rights and responsibilities.

Purpose of a prenuptial agreement

A prenuptial agreement (prenup) is a contract between two people made before marriage that outlines how assets, debts, and property will be handled during the marriage and in the event of divorce or death. A thoughtfully crafted prenup can:

  • Clarify ownership of premarital assets or inheritances
  • Define how income and expenses will be managed during marriage
  • Protect a family business or professional practice
  • Provide for children from prior relationships
  • Establish clear expectations which reduce later conflict

The healthiest marriages are often built on open conversations about topics like money, property, and responsibility. The prenup process encourages that communication before issues ever arise.

Legal framework in Ohio

Prenuptial agreements are recognized and enforceable under Ohio law so long as they meet
certain conditions established by Ohio courts:

  1. Both parties must enter the agreement voluntarily and free from duress or fraud.
  2. There must be full and fair disclosure of assets and debts.
  3. Each party must have ample time to review the agreement before the wedding.
  4. The terms must not be unconscionable at the time of execution or enforcement.

Ohio courts have long upheld valid prenups, particularly following the standard set in Gross v. Gross, 11 Ohio St.3d 99 (1984), which remains the leading case on their enforceability.

A prenuptial or postnuptial agreement is, by definition, a contract between two parties whose interests may diverge—especially regarding:

  • Division of assets upon divorce,
  • Spousal support waivers, and
  • Inheritance or survivorship rights.

Even if both spouses believe the agreement is “friendly” or “mutual,” the lawyer would still be drafting terms that favor one side or limit the other’s rights. This creates a non-waivable conflict of interest under Rule 1.7.

The Ohio Board of Professional Conduct has made clear in several opinions and commentary that:
“An attorney may not represent both parties in preparing a prenuptial agreement because their interests are inherently adverse.”

The Ohio Board of Professional Conduct has consistently reaffirmed this principle. In Opinion 91-12 (1991), the Board determined that an attorney may not ethically represent both parties in the drafting of a prenuptial agreement, as their interests are inherently adverse. Although the opinion predates the current Ohio Rules of Professional Conduct, it remains persuasive authority and is frequently cited as consistent with modern ethical standards. Accordingly, an attorney preparing a prenuptial agreement should represent only one prospective spouse and advise the other to obtain independent legal counsel before execution.

Types of Marital agreements
1. Prenuptial agreements (before marriage)

Executed prior to marriage, these define property rights and obligations during and after
marriage. Common provisions include:

  • Division of property and debt
  • Spousal support (waiver or limitation)
  • Ownership of business or professional assets
  • Management of joint accounts and expenses
2. Postnuptial Agreements (After Marriage)

As of March 2023, Ohio law now recognizes postnuptial agreements under R.C. 3103.06, allowing married couples to modify or create agreements after marriage. These can:

  • Update an existing prenup
  • Define property treatment after major life or financial changes
  • Provide reassurance during reconciliation after separation

To be valid, a postnuptial agreement must:

  • Be in writing and signed by both spouses
  • Be entered voluntarily and with full disclosure
  • Not promote divorce or separation
  • Be fair and conscionable
3. Separation or Reconciliation Agreements

These contracts are used when spouses are considering or have temporarily separated but wish to define terms for reconciliation or financial arrangements during a trial separation.

Factors that affect cost

Prenuptial Agreement                                 ~$1,400
Postnuptial Agreement                               ~$1,600
Reconciliation / Separation Agreement   ~$2,000
Review of Opposing Draft                             $500
Minor Amendments / Updates                    $350

Fees depend largely on:

  • Complexity of assets (business ownership, real estate, investments)
  • Whether both parties are represented by counsel (strongly recommended)
  • Whether negotiations are cooperative or contentious
  • Whether a trust or estate plan is drafted in tandem
The Firm’s Approach

My firm handles these matters with discretion and balance. Prenuptial or postnuptial agreements are about setting clear, fair expectations that strengthen long-term relationships.

Each agreement is drafted to withstand scrutiny in court while preserving the tone of partnership that marriage deserves. The process often brings clarity and confidence to both parties precisely because it prompts open, honest discussion about issues that many couples avoid until it’s too late.

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