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Myths about prenuptial agreements

On Behalf of | Oct 22, 2018 | Divorce

Many people who get married in Ohio don’t worry about getting a prenuptial agreement. There are many misconceptions about signing a prenup that stop couples from getting one when it would be in their best interests to consider it.

Most couples believe that prenuptial agreements are only for wealthy people. However, even if neither spouse is wealthy, a prenuptial agreement can help a couple prevent disputes later on in the event that the marriage doesn’t work out.

Prenuptial agreements are limited regarding the types of protection they offer. It is not advisable for the parties to put unenforceable agreements in a prenup. If a prenuptial agreement contains terms that are unreasonable or against public policy like a refusal to pay child support in the event of a divorce, it will probably not be upheld by a court.

Most prenups include terms about finances like how much alimony will be paid upon divorce and for how long as well as how marital property will be divided. However, they do not only pertain to divorce. A prenup can also cover provisions for an estate plan.

Many people believe timing doesn’t matter when it comes to a prenup. If a prenuptial agreement is signed at the last minute before the person signing has a chance to review it, it could be declared void if they argue duress. A postnup will not cover the years before it was signed.

An attorney may be able to help clients who have questions about whether they should sign a prenup. For example, an attorney might explain how the terms in a prenup would actually apply in real life if the marriage does not work out. An attorney may be able to assist individuals who have been given a prenuptial agreement to sign understand what they are agreeing to and ensure that the agreement is fair.