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How to avoid problems regarding prenuptial contracts

On Behalf of | Jan 25, 2019 | Divorce

As you prepare for life as a newlywed in Ohio, you and your intended spouse will likely spend hours talking about your dreams, hopes and goals for the future. Perhaps you’re planning to sign a prenuptial agreement to construct specific terms to help protect your assets as your future together unfolds. More and more people nowadays are using prenups to avoid contentious battles over finances if their relationships end in divorce.

Some say signing a prenuptial contract is an assumption that a marriage won’t last. To the contrary, many spouses say their prenups strengthened their relationships because it signing such documents shows a willingness to cooperate and compromise and to hold each other’s best interests in mind. It’s definitely true that you shouldn’t sign anything you don’t understand. By keeping several things in mind, you can avoid prenuptial agreement problems.

Full disclosure and thoroughness are keys to success

If you own property and fail to mention it to your intended spouse and therefore, do not include it in the terms of your prenuptial agreement, you won’t start off on the right foot and could, in fact, face complicated legal problems down the line if you later decide to divorce. It is always best for both of you to list all your premarital assets and liabilities, so everything is on the up-and-up.

Retaining ownership of assets or liability of debt

While you may not think talking about money is a romantic way to spend your wedding-planning days, it is highly important to have such discussions if you want to execute a solid prenuptial agreement. Such contracts are customizable, meaning you can assign separate ownership of an asset or responsibility of a debt liability to one or the other party, which may have great impact on a settlement if divorce occurs at some point.

Don’t agree unless you truly agree

Be leery of simply agreeing to anything and everything your intended spouse suggests, so as to sign a prenuptial contract and move on to less-business-like matters. The document you sign concerns your future, so you have a right to speak your mind and make sure that a prospective agreement aligns with your needs and ultimate goals.

Reach out for support

If you have friends or family members who have signed prenuptial contracts in the past, it may be quite helpful to talk to them before signing your own. They can tell you what worked best or what types of obstacles arose in their own experiences. You can also turn to an experienced Ohio family law attorney for guidance and support. As your personal advocate, an attorney can review a proposed contract and offer recommendations or guidance to help protect your rights and financial interests.


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