A recent out-of-state family law case involving a prenuptial agreement leaves some across the country concerned over the future of the prenuptial agreement. The appeals court that heard the case in which the wife wanted the prenup thrown out ruled in her favor.
Because that court invalidated the prenuptial agreement, will other courts in Ohio and other states find reason to do the same? This is a valid worry since many couples put a lot of thought and faith in the creation of their prenuptial agreements. If it can easily be argued later that the contract should be ignored, then some might avoid marriage altogether due to how much they might lose in the case of divorce.
But a recent Huffington Post piece addresses a couple of points regarding this notable family law case. Sure, some family law attorneys might use the recent controversial ruling to try to save their clients from having to pay up according to the terms of their prenuptial contracts.
There is still hope for the prenuptial agreement and for those who want to find a way to protect their assets before saying their “I dos.” The specific case that has some worrying has its very own unique elements. The wife claims that she was persuaded under duress to agree to the prenup and that her then soon-to-be-husband threatened to cancel the wedding just days before if she didn’t agree to the contract.
One detail that worked in favor of the wife in the divorce case was the timing aspect of when the prenup was agreed upon. Finalizing that matter days before a wedding worked to create doubt regarding the husband’s intentions.
Our Columbus family law attorneys know that timing plays an integral role in whether a prenuptial agreement in Ohio is enforceable. Visit our Prenuptial & Premarital Agreements page to learn more about this family law matter and how we can help.