Keeping Separate Assets Separate

Akron, Ohio, Premarital Agreement Lawyer

A prenuptial agreement is a prudent and legitimate way to protect the assets you bring to a marriage. If properly drafted, a prenuptial agreement will generally hold up in court and significantly reduce litigation in the event of a divorce.

However, there are many "land mines" to avoid. This is certainly not a do-it-yourself document, or for the lawyer who only dabbles in matrimonial law.

Akron attorney John M. Dohner has practiced in divorce and family law for 25-plus years, serving individuals and families in northeastern Ohio. He is certified by the Ohio Bar as a Family Relations Specialist and has taught CLE courses to other attorneys on the drafting of prenuptials.

Protecting Assets Through Prenuptial Agreements

A prenuptial agreement, also called a premarital or antenuptial agreement, declares how property will be divided if the marriage ends through divorce or death. Primarily, it identifies separate assets for the protection of the person who brings substantial wealth to the marriage when the other does not. It can also cover accumulation of wealth during marriage that otherwise would be split evenly under Ohio law. However, a prenup cannot be overreaching and leave the spouse with nothing.

A prenuptial agreement could protect a home you own, a business you built from the ground up, deferred compensation, or a parcel of land. No personal assets are off limits, but there is intensive documentation required to protect your assets.

Applications and Exclusions

It is important to bear in mind that premarital agreements:

  • May waive (or specify) spousal support;
  • Streamline division of the marital estate;
  • Preserve inheritance for children from a prior marriage;
  • Require full disclosure of assets; and
  • Must be entered without coercion — it is recommended that each party have independent counsel and ample opportunity for review.

At the Dohner Law Firm, our practice is honest, ethical, and based on experience, trust, and professionalism. Our firm is a recognized leader and is highly respected as an exceptional law firm within the community, skillfully guiding our clients through complex legal matters to real solutions for their families. Arrange a consultation today. We serve individuals and families in Summit County and surrounding jurisdictions.