Skillful Canton Attorney Prepares Sound Prenuptial Agreements
Northeast Ohio firm helps to protect prospective spouses’ financial security
Even when a marriage lasts only a few years, unwinding marital assets can be a complicated task. Long, expensive battles over alimony and property distribution can make things even worse. Having a prenuptial agreement in place can avoid such disputes and their often unsatisfactory results. My firm, Douglas D. Jones Co., LPA in Canton, has served family law clients for more than 40 years, helping them develop fair, enforceable agreements that provide a sense of security even if never used. Regardless of whether you have extensive investments or just want to ensure that you are not put in a difficult financial position following a divorce, my firm delivers insightful guidance.
Family lawyer offers comprehensive guidance on prenuptial documents
Prenuptial agreements — known as antenuptial agreements under Ohio law — must be entered into freely, following full disclosure regarding property issues. There are several potential benefits of entering such a contract. In some instances, a wife or husband who wants to leave a marriage could be afraid to make a move because they are worried about the financial consequences. I foster healthy communication and make sure that required information is exchanged and that no fraud or coercion is present.
Key concerns associated with prenuptial agreements are:
- Property division and spousal support terms — A prenuptial agreement can set clear terms regarding which assets should not be classified as marital property and so not divided between you and your spouse upon a divorce. After a detailed review of each side’s assets and objectives, I encourage honest discussion in pursuit of mutually agreeable terms governing the distribution of assets and the provision of spousal support payments.
- Issues that cannot be addressed within the agreement — Arrangements concerning the children of a divorcing couple must be based on what is in the child’s best interests. Parties to a prenuptial agreement cannot set forth custody terms or relieve a spouse of the obligation to pay child support, which are decided by the court.
- Avoiding terms that encourage divorce — Ohio law prohibits terms in a prenuptial agreement that could be taken to encourage divorce, such as a clause that provides a financial windfall to a party even if the marriage is terminated quickly. Assistance from an experienced attorney can help you avoid this pitfall that could threaten the validity of your agreement.
Unlike some other states, Ohio does not enforce postnuptial agreements by which married couples negotiate terms in advance of a divorce. Accordingly, if you wish to safeguard your assets and avoid the potential for costly litigation later on, you should address your concerns with your intended spouse before the wedding.
Contact an Ohio lawyer for a free consultation about a prenuptial agreement
Located in Canton, Douglas D. Jones Co., LPA advises Ohio clients about the creation, negotiation and execution of antenuptial agreements. To set up a free consultation to discuss your situation, please call 330-649-2372 or contact me online.