Medina County Prenuptial Agreement Lawyer

Attorneys Assisting With Prenups in Brunswick, Wooster, and Orrville

Before getting married, people often have concerns about issues such as their finances, the property they own, or their children from a previous relationship. While thoughts of a potential divorce are likely not at the forefront of their mind, it can be beneficial to consider that possibility and make plans for how to handle matters if the marriage ever ends.

A prenuptial agreement (also known as a "prenup") can offer prospective spouses security in their marriage and ensure that they are on the same page about their expectations for their relationship. At The Law Office of Whitney K.S. Miller, LLC, our attorneys have 21 years of combined family law experience, and we can help you understand your rights when creating a prenup and ensure that your agreement provides the protection you need.

Terms of a Prenuptial Agreement

A prenup is a legal contract between spouses, and it can include terms addressing issues such as:

• Division of property - To avoid conflict during a potential divorce, a prenup may specify how marital property will be divided between spouses, or it may identify which assets are considered separate property owned by one spouse and which assets are marital property that is subject to division.
• Spousal support - Rather than leaving it up to the court to determine whether alimony is appropriate, a couple may choose to specify the amount and duration of spousal support payments from one spouse to the other following separation or divorce.
• Inheritance rights - Spouses who wish to provide for children or other family members may use a prenuptial agreement to set aside certain assets that will not be divided during divorce or granted to the other spouse upon their death.
• Business ownership - If either or both spouses own interests in a business, a prenup can be used to determine the ownership or management of the business after divorce.

Notably, a prenup cannot be used to make decisions about child custody or child support. These matters are decided by a family court judge based on what is in the children's best interests at the time of the child custody proceeding, and they cannot be decided ahead of time by an agreement between the parents.

In order for a prenuptial agreement to be valid and enforceable, the spouses must meet certain requirements. Both spouses must provide each other with a full disclosure of their assets, income, debts, and any other relevant financial information. Each spouse must also be represented by their own attorney, and they must enter into the agreement voluntarily. An agreement may be found to be invalid if there is evidence that it was signed because of coercion or duress or if its terms are unconscionable or grossly unfair to one spouse.

Contact a Medina Family Law Attorney

Since it requires a couple to fully disclose their respective financial information to each other, a prenup can ensure that they have a full understanding of their resources and a reasonable expectation of how matters will be handled during their marriage. It can also provide peace of mind that if divorce should occur, it can be resolved efficiently and with less conflict. If you want to know more about how to create a prenuptial agreement that provides you with protection during your marriage, contact us at 330-725-4114. We do offer free consultations in most family law cases. We provide representation for clients in Wooster, Brunswick, Wadsworth, Akron, Barberton, Orrville, Rittman, Fairlawn, and surrounding areas.