Prenuptial Agreements

Many people, basking in the rosy glow of a shared future that seems to stretch out endlessly ahead of them, recoil at the thought of preparing a prenuptial agreement. They may ask, “Isn’t that planning for our marriage to fail?” In fact, the opposite is true.

It can be easy, when a marriage is just beginning, to imagine that you and your loved one will always be in agreement. The reality, of course, is different. Unforeseen challenges arise, and couples often find that they are at odds on how to deal with contingencies.

A well-crafted prenuptial agreement does not aim to cut through that rosy glow; it strives to preserve it, by ensuring that the couple understands each other’s goals and expectations. If there is a disagreement, it can be resolved before a problem arises, not in the stress of a crisis.

Prenuptial agreements can be useful for almost any couple. They are particularly helpful when one or both parties has children from a previous marriage, or when one or both parties is bringing significant assets or debt into the marriage. Having a written agreement offers clarity and certainty to both husband and wife.

Ruby & Associates can help develop a prenuptial agreement that is customized for our clients’ particular needs. Though a valid prenuptial agreement can make life easier for the couple, the law surrounding prenuptial agreements is complex. Our attorneys can help to make sure that the agreement addresses all the issues that are important to the couple while steering clear of pitfalls that may make the agreement unenforceable, such as:

• failure to fully disclose all assets and liabilities
• grossly unfair or unconscionable terms
• terms that are illegal under Ohio law, such as those regarding child custody
• an agreement made too close in time to the wedding, which suggests duress.

It’s advisable for both parties to have their own separate attorneys review a prenuptial agreement, so that it cannot be suggested later that one party did not understand what he or she was consenting to, or that the terms were unfair. We are able to provide referrals to several trustworthy attorneys for review of prenuptial agreements.

Begin your marriage not only with an open heart, but with open eyes as well. A customized, well-crafted prenuptial agreement is a solid foundation for a new marriage. To learn more about how we can help you with the creation or review of a prenuptial agreement, contact our office at (330) 867-1405.