Prenuptial & Postnuptial Agreement Lawyer in Ohio

A marital agreement isn’t a vote of no confidence in your relationship — it’s a conversation about how you’ll handle money and property together, had while you’re both calm, clear-headed, and on the same team. Whether you’re planning a wedding or you’re already married and want to put something in writing now, Zuercher Law helps Central Ohio couples put together agreements that are fair, clearly written, and built to hold up if they’re ever needed.

What Is a Prenuptial Agreement?

A prenuptial agreement (or “prenup”) is a written contract couples enter into before marriage that spells out how property, debt, and — in some cases — spousal support will be handled during the marriage or in the event of divorce or death. In Ohio, courts will generally enforce a prenuptial agreement as long as it was entered into voluntarily, both spouses fully and fairly disclosed their finances beforehand, and the terms weren’t unconscionable at the time it was signed. Getting each of those elements right is exactly where an experienced attorney matters.

What Is a Postnuptial Agreement?

A postnuptial agreement covers similar ground but is signed after the wedding — often when a couple’s financial picture changes: an inheritance, a business, a blended family, or simply a decision to formalize an understanding they never got around to before the wedding. Ohio law treats postnuptial agreements more cautiously than prenups, particularly agreements that attempt to change how property is divided if the marriage ends, because spouses owe each other a higher duty of fairness once they’re married. That doesn’t mean a postnuptial agreement isn’t worth having — it means the drafting has to be handled carefully, with full transparency on both sides, to give it the best chance of holding up.

What These Agreements Can — and Can’t — Cover

A well-drafted agreement can address:

  • How property owned before the marriage, or acquired during it, will be classified and divided
  • Protection for a family business, professional practice, or investment portfolio
  • How debts brought into the marriage are handled
  • Spousal support terms, within the limits Ohio courts will enforce
  • Inheritance and estate planning goals, especially in second marriages

Ohio courts won’t enforce provisions that decide child custody or child support in advance — those are always determined based on the child’s best interest at the time, not by agreement made years earlier.

Who Should Consider One

Marital agreements come up most often for people entering a second marriage with children from a prior relationship, business owners who want to keep the business separate from marital property, people with significant assets or an inheritance coming to them, and couples where one spouse is bringing considerably more — or less — into the marriage than the other. None of that requires drama; it’s just planning.

How We Approach Marital Agreements

We start with a candid conversation about what you’re actually trying to protect and why, then draft an agreement in plain language — not boilerplate — that reflects your specific situation. Because full financial disclosure is what makes these agreements enforceable, we’ll walk you through exactly what needs to be documented, and we always recommend that each spouse have independent counsel review the final agreement, which is one of the clearest ways to protect it from a later challenge.

Why Work with Zuercher Law

Liz Zuercher has spent nearly two decades in Ohio family law, including as a staff attorney for the Franklin County Court of Common Pleas, Domestic Relations Division — she has seen firsthand which agreements hold up in court and which ones fall apart, and drafts accordingly. Whether this is a straightforward prenup or a more complex postnuptial agreement tied to a family business, we’ll help you get it right the first time.

Frequently Asked Questions

Is a handshake agreement or informal written note enough? No. To be enforceable in Ohio, a prenuptial or postnuptial agreement needs to be in writing, signed by both parties, and entered into voluntarily with full financial disclosure. Informal agreements, even written ones drafted without proper disclosure, are far more vulnerable to being thrown out later.

Can we write our own agreement and just have a lawyer look it over? You can, but we’d recommend caution. Because Ohio courts scrutinize these agreements closely — especially postnuptial ones — small drafting issues can be the difference between an agreement that holds up and one that doesn’t. We’re happy to review a draft, but we’ll tell you plainly if it needs more work.

Does each spouse need their own attorney? It’s not legally required for a prenup, but it’s strongly recommended, and for a postnuptial agreement it matters even more. Independent representation for each spouse is one of the strongest protections against a future claim that the agreement was unfair or entered into under pressure.

Can we update our agreement later if our situation changes? Yes. Many couples revisit their agreement after a major life change — a new business, an inheritance, a growing family. We can help you amend an existing agreement rather than starting from scratch.

Ready to talk through your options?

Schedule a consultation with Zuercher Law to discuss a prenuptial or postnuptial agreement that fits your family.

We also offer post-separation support for modifications or enforcement of agreements. Contact us today at 614-633-4774 or through our online form for a confidential consultation—we’re here to help you navigate this important decision with care and expertise.

(The information on this page is not intended to be, and is not legal advice. Legal advice can only be given by an attorney who has been retained after a full review of the facts in your situation.)