Lardiere McNair DiNicola & Stonebrook Ltd
Post-Nuptial Agreements Mean More Options for You
LARDIEREMCNAIR
July 27, 2023

Ohio has finally bowed out of the competition to see what state would be the last to allow post-nuptial agreements. Now, Iowa stands as the only state in the Union to disallow these contracts. On March 23, 2023, Ohio Senate Bill 210 became law. This allows married couples to modify or terminate their existing prenuptial agreement or enter into a new postnuptial agreement. This means more options for you and your spouse as you both adapt to the changes life throws at you during your union. 
 
Though pre-nuptials do protect the interests of you and your loved ones, there exists a potential that they may become obsolete. This is especially true when it comes to longer-lasting marriages. 
 
As years pass, and the two of you acquire new assets and face unforeseen challenges, you may find that the pre-nuptial agreement that made sense originally no longer fits your situation. In these cases, a post-nuptial agreement provides a new avenue by which your agreement can grow and change according to the needs of your relationship.
  
In order to establish a post-nuptial agreement or modify an already existing pre-nuptial agreement, the following conditions must be met. 

  1. Both parties must be represented by an attorney;
  2. The agreement must be in writing and signed by both spouses;
  3. The agreement must be entered into freely without any fraud, duress, coercion or overreaching;
  4. Both parties must possess full knowledge and understanding of the nature, value, and extent of the property of both spouses during negotiations;
  5. The terms must not promote or encourage divorce or profiteering from a divorce. 

If you and your spouse require assistance in drafting a post-nuptial agreement, modifying your existing pre-nuptial agreement, or have any family law-related questions, call Lardiere McNair DiNicola & Stonebrook, Ltd. LPA, to set up a consultation.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

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Notice: If you send e-mail to Lardiere McNair DiNicola & Stonebrook, LLC in connection with a matter for which we do not already represent you, your communication may not be treated as privileged, confidential or otherwise protected because you are not a client. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail may not be secure. *

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