Hilliard Postnuptial Agreement Attorney

Over Two Decades of Franklin County Family Law, Now Applied to Postnuptial Agreements

A postnuptial agreement is a legally binding contract married couples enter into after the wedding to address how assets, debts, and financial responsibilities can be handled if the marriage ends. Unlike a prenuptial agreement, which is signed before the ceremony, a postnuptial agreement reflects your current financial reality and can be tailored to circumstances that have changed since you married. One important distinction for Ohio couples: postnuptial agreements were not legally enforceable in this state until March 23, 2023, when Senate Bill 210 took effect and amended O.R.C. §3103.06 to formally recognize them. Ohio had previously been one of only two states in the country that did not permit these agreements at all.

I’m Catherine M. White, and I help married couples in Hilliard and throughout Franklin County draft postnuptial agreements that reflect their individual circumstances. I’ve been licensed to practice in Ohio since 2001, with a practice focused on family law matters in Franklin County for over two decades. That background, now applied to postnuptial agreements under Ohio’s newly established law, means I can guide you through a process that’s still unfamiliar to many couples and even some practitioners. Flexible payment plans are available to make this service accessible regardless of your current financial situation.

Schedule a consultation to discuss whether a postnuptial agreement is right for your marriage. Call me at (614) 426-8720.

Why Hilliard Couples Consider a Postnuptial Agreement

There’s no single reason couples pursue a postnuptial agreement. The decision often follows a significant shift in financial circumstances or a realization that certain assets need clearer protection than Ohio’s default equitable distribution rules provide.

Common situations that prompt couples to consider this step include:

• Financial changes: Significant increases or decreases in wealth or earnings during the marriage, particularly when one spouse becomes substantially wealthier, may make it worthwhile to formalize financial arrangements.
• Business ownership: A spouse who starts or acquires a meaningful interest in a business during the marriage may want to protect that interest from being treated as marital property in a divorce.
• Inheritance and gifts: Inheritances or gifts received after the wedding can be designated as separate property through a postnuptial agreement, protecting them from equitable distribution under Ohio law.
• Debt structuring: Assigning responsibility for existing or future debts can shield one spouse from liability for the other’s financial obligations.
• No prenuptial agreement: Couples who didn’t address financial arrangements before the wedding and now recognize that need have this option available to them.
• Modifying an existing agreement: O.R.C. §3103.06 permits a postnuptial agreement to modify or terminate a prenuptial agreement that no longer reflects the couple’s circumstances.
• Children from prior relationships: A postnuptial agreement can be structured to protect the inheritance interests of children from a prior relationship.

Ohio’s Requirements for a Valid Postnuptial Agreement

Because postnuptial agreements are a recent addition to Ohio law, it’s worth understanding exactly what O.R.C. §3103.061 requires for an agreement to hold up in court. Courts in Franklin County and across the state may scrutinize these agreements carefully, particularly given the fiduciary duty spouses owe each other.

Writing and signatures:
The agreement must be in writing and signed by both spouses. Oral agreements about property division or spousal support aren’t enforceable in Ohio.

Voluntary consent:
The agreement must be entered into freely, without fraud, duress, coercion, or overreaching. Because of the trust relationship between spouses, Ohio courts look closely for any sign of undue influence.

Full financial disclosure:
Both spouses must disclose the full nature, value, and extent of their property and liabilities. Hiding assets or significantly undervaluing property is among the primary grounds on which a court may invalidate the agreement.

Terms that don’t promote divorce:
The agreement’s terms must not be structured in a way that encourages or incentivizes divorce.

Notarization and independent counsel:
Ohio law doesn’t require notarization by statute, but having both signatures notarized and witnessed is strongly recommended to prevent future disputes. Similarly, while the law doesn’t mandate separate attorneys for each spouse, having independent legal counsel can substantially strengthen enforceability. Courts may be more likely to find that an agreement was voluntary and fairly negotiated when both parties were independently represented.

Child custody and support limitation:
Postnuptial agreements in Ohio cannot include enforceable provisions on child custody or child support. Ohio courts retain exclusive jurisdiction over those matters, and any such provisions will be void. The agreement is limited to financial arrangements between the spouses. Spousal support provisions may be included, but under O.R.C. §3105.18, courts retain authority to review those provisions for conscionability at the time of divorce.

Working Directly with a Postnuptial Agreement Lawyer in Hilliard

When you work with me, you work with me directly. I don’t hand cases off to associates or support staff. Every postnuptial agreement I draft reflects the time I spend learning each client’s specific situation, not a template applied uniformly across cases.

My practice is rooted in Franklin County family law. I’m familiar with how the Franklin County Domestic Relations Court approaches marital agreements, and I apply that familiarity to every document I prepare. I can explain the legal requirements, the enforceability standards, and the practical implications in plain language so you understand what you’re signing and why each provision matters. I’ve been a member of the Ohio State Bar Association and the Columbus Bar Association, and I’ve been serving clients in this area since receiving my Ohio license in 2001.

Frequently Asked Questions

Are Postnuptial Agreements Enforceable in Ohio?

As of March 23, 2023, postnuptial agreements are legally recognized in Ohio under O.R.C. §3103.06, as amended by Senate Bill 210. Before that date, Ohio didn’t recognize them. For an agreement to be enforceable, it must be in writing, signed by both spouses, entered into voluntarily without fraud or coercion, and supported by full financial disclosure. The terms must not promote divorce.

How Does a Postnuptial Agreement Affect Asset Division?

A properly executed postnuptial agreement can override Ohio’s default equitable distribution rules under O.R.C. §3105.171 and direct how specific assets and debts are handled if the marriage ends. It can designate property as separate or marital, protect inheritances and premarital assets, and reduce conflict over division. Courts generally enforce these agreements when the statutory requirements are met.

Can a Postnuptial Agreement Address Child Custody or Child Support?

No. Ohio courts retain exclusive jurisdiction over child custody and child support. Any provisions in a postnuptial agreement that attempt to address those matters will be void and unenforceable. The agreement is limited to financial arrangements between the spouses.

Who Should Draft My Postnuptial Agreement?

An Ohio family law attorney should draft or review the agreement for both parties. Having independent legal counsel for each spouse can significantly strengthen enforceability and reflect that both parties understood and voluntarily agreed to the terms. I can draft the agreement and explain its implications clearly, and I recommend that the other spouse seek independent review before signing.

Schedule a Postnuptial Agreement Consultation in Hilliard

If you and your spouse are considering a postnuptial agreement, I’m glad to help you think through whether it makes sense for your situation and what it would involve. I work with Hilliard couples at every stage of that process, from initial questions to a finished, signed agreement. Flexible payment plans are available to keep this accessible.

Call me at (614) 426-8720 to schedule a consultation. I’ll take the time to understand your circumstances and give you a clear picture of what a postnuptial agreement can and cannot do for your family.