Prenuptial Agreements
The law office of Phyllis G. Bossin Co., L.P.A. in Cincinnati, OH is experienced in drafting complete and complex prenuptial agreements. We represent individuals in Hamilton and surrounding counties.
Prenuptial, or premarital, agreements are recognized in Ohio and public policy allows the enforcement of them. A prenuptial agreement must be in writing and signed by both parties and can address issues related to both death of one of the parties or divorce. The divorce provisions may address property division, debts and spousal support. Custody and child support issues may not be determined in a prenuptial agreement. The parties may also provide in the prenuptial agreement the manner in which they will handle their finances during the marriage.
There are many reasons why people would enter into a premarital agreement. They are not simply for the "rich and famous." Frequently, both parties entering into their second marriages will want a prenuptial agreement. Often, one or both parties will have children from a prior marriage. They may want to protect their children's financial interests in the event of their death. Furthermore, the parties may each be bringing separate property into the marriage that they also want to protect.
Prenuptial agreements are also a good idea when there is a large disparity in the ages and/or financial status of the parties. The person with few assets will want to ensure that after the marriage, he or she is not left with nothing. Likewise, the person with substantial assets will want to protect those assets to the extent possible.
Each party to the prenuptial agreement must be represented by counsel. The agreement will be enforceable in Ohio if it is entered into freely without fraud, duress, coercion or overreaching; if there was full disclosure and full knowledge and understanding of the nature, value and extent of the prospective spouse's property; and if the terms of the agreement do not promote divorce or profiteering by divorce. Parties to a premarital agreement must have a meaningful opportunity to consult counsel.
Negotiating the terms of a prenuptial agreement so that it is fair to both parties and will likely withstand subsequent scrutiny in the courts requires skilled and highly experienced counsel. Our lawyers have significant experience in the negotiating and drafting of highly complex premarital agreements. Attorney Bossin has appeared in both the print media and in the television news speaking on this issue.
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