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Date Submitted: 02/19/2012 07:52 AM
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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....