Keeping Separate Assets Separate
Akron, Ohio, Premarital Agreement Lawyer
A prenuptial agreement is a prudent and legitimate way to protect assets you bring to a marriage. If properly drafted, contracts generally hold up in court and significantly reduce litigation in the event of a divorce.
However, there are many "land mines" to avoid. This is certainly not a do-it-yourself document, or for the lawyer who only dabbles in matrimonial law.
Akron attorney John M. Dohner has practiced in divorce and family law for 20-plus years in northeastern Ohio. He is certified by the Ohio Bar as a Family Relations Specialist, and has taught CLE courses to other attorneys on the drafting of prenuptials.
Protecting Assets Through Prenuptial Agreements
A prenuptial agreement, also called a premarital or antenuptial agreement, declares how property will be divided if the marriage is dissolved. Primarily, it identifies separate assets for the protection of the person who brings substantial wealth to the marriage when the other does not. It can also cover accumulation of wealth during marriage that otherwise would be split evenly under Ohio law. However, a prenup cannot be overreaching and leave the spouse with nothing.
A prenuptial agreement could protect a home you own, a business you built from the ground up, deferred compensation or a parcel of land. No personal assets are off limits, but there is intensive documentation required to protect retirement investments subject to ERISA regulation.
Applications and Exclusions
A premarital agreement:
- May waive (or specify) spousal support
- May not dictate any aspect of child custody or child support
- Streamlines division of the marital estate
- Preserves inheritance for children from a first marriage
- Requires full disclosure of assets
- Must be entered without coercion — it is recommended that each party have independent counsel and ample opportunity for review
Mr. Dohner can draft or review a prenuptial agreement, and defend or challenge one in divorce proceedings. Arrange a consultation today. We practice in Summit County and surrounding jurisdictions.
