Protecting Separate Property
Pre-Marital and Post-Marital Agreements
A prenuptial agreement is a contract that supersedes the equitable distribution presumption under Ohio law in the event of divorce. The purpose is to preserve the assets each party brings to the marriage, especially when one party has substantial holdings and the other does not.
Treneff Cozza Law, LLC drafts, reviews and litigates prenuptial agreements, also known as antenuptial or pre-marital agreements.
We represent women or men in the Columbus area and surrounding counties of central Ohio. For prenuptial agreements done right, arrange a consultation today.
Should You Have a Prenup?
A prenuptial agreement (a) establishes what you own at the time of marriage as a benchmark and (b) alters the outcome in the event of a divorce. Wealth accumulated during the marriage will still be subject to marital property division, but those pre-marital assets in your name remain separate.
We have drawn pre-marital agreements for many professional athletes, business owners, medical professionals and other high earners. A prenup is also common for anyone entering a second marriage (especially those who got burned in a previous high-income divorce). Prenuptials can address real property, ownership stake in a business, heirlooms and any property. It may stipulate terms of alimony, but child custody and child support cannot be dictated.
A prenuptial agreement is enforceable only if there is full disclosure of assets and it not signed under duress (for example, as an ultimatum on the eve of the wedding). If the distribution of assets is challenged during a divorce, the court requires review by independent counsel. We commonly advise the less wealthy party who is presented with a pre-marital agreement.
We carefully prepare or review these documents to protect our client’s interests in the event of divorce, or in litigation of the prenuptial itself. Call our Westerville law office at 866-829-0717 or contact us online.