Family Law

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Family Law |

Professor Tammy Clearfield |

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Unit 2 Written Assignment |

5/31/2011 |

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Memo: Prenuptial Agreements

TO: Supervising Attorney Johnson

FROM: Paralegal Onnenga

DATE: 5/31/2011

RE: Prenuptial agreements and their utilities.

Attorney Johnson,

The following memo, Prenuptial Agreements, is in regard to Ohio law per your

request.

Statement Of Facts:

The Uniform Premarital Agreement Act was drafted by the National Conference of

Commissioners on Uniform State Laws in 1983 to protect the spouses considering a

premarital agreement. The act was adopted by 27 U.S. states, each of these states has

their own legal defination. Ohio is not one of those participating states.

Issue:

Under Ohio Law are prenuptial agreements legal?

Yes, prenuptial agreements are called antenuptial agreements in Ohio. It is a

contract both parties must enter into before getting married.

Are there laws to support an antenuptial agreement?

Yes, please refer to the Rule Of Law section provide in this memo.

Rule Of Law:

In Ohio, there is no specific premarital agreement law or act. An antenuptial

agreement is considered to be a valid premarital agreement that is enforceable only if

certain criteria is met. In Ohio the agreement must be signed freely, without fraud,

duress, or coercion, and must not be outrageously one-sided. Although there is no state

specific law to cite, Ohioans usually comply with the following state statute and sub

statutes to enforce an antenuptial agreement.

Ohio Revised Code » Title [31] XXXI DOMESTIC RELATIONS – CHILDREN

Chapter 3103: HUSBAND AND WIFE.

3103.05 Contracts.

A husband or wife may enter into any engagement or transaction with the other,

or with any other person, which either might if unmarried; subject, in transactions

between themselves, to the general rules which control the actions of persons

occupying confidential relations with each other....