Honest Lebanon, Ohio, Postnuptial Mediation Attorney
Prenuptial agreements are commonly used and talked about, but their counterpart, postnuptial agreements, are rarely mentioned. At The Law Office of Juliette Gaffney Dame, I strive to help couples in Warren County, as well as Hamilton County and Butler County, understand the benefits of a postnuptial agreement and resolve issues with contracts that are already in place.
With over 15 years of experience collaborating with married couples, I know how to draft valid and enforceable postnuptial agreements that are both effective and beneficial to both spouses.
Why Would Couples Need A Postnuptial Agreement?
Postnuptial agreements, only recently a legal option in Ohio, allow spouses to protect financial assets after they have married. While spouses do not commonly use postnuptial agreements as much as prenuptial agreements, they are generally needed for the following reasons:
- Significant financial changes
- Clarify financial responsibilities
- Addressing debts
- Estate planning
- Business succession
A postnuptial agreement can shield a spouse’s assets and financial interests in the event that major changes have occurred or if they did not create a prenuptial agreement. To ensure a proposed postnuptial agreement is valid and protects the desired assets, Ohio spouses may want to obtain legal support.
When Are Postnuptial Agreements Enforceable?
Creating a postnuptial agreement is a great way to protect certain assets and other financial interests following a divorce. But, for an agreement to be valid and enforceable, it must be:
- Written and signed
- Entered into voluntarily
- Full disclosure of assets and liabilities
- Fair and equitable
If an agreement does not meet all of these requirements, it is highly likely that a judge will not be able to enforce the contract. When thinking about drafting a postnuptial agreement, working with a legal advocate can help spouses avoid creating an unenforceable contract.
What Is Full Disclosure?
Full disclosure in relation to postnuptial agreements means that both parties must offer a complete list of all assets, debts and income. The list must be all-encompassing and provide a transparent look into each spouse’s financial situation. Failing to fully disclose certain assets can lead to a postnuptial agreement being invalid.
Should Postnuptial Agreements Integrate With An Estate Plan?
Yes, a valid postnuptial agreement should fully align with a spouse’s financial goals, including their estate plan. A postnuptial agreement that contradicts the terms of an estate plan could be considered invalid. When drafting a postnuptial contract, Ohio spouses should review their estate plan to make sure they are in accordance with one another.
Do Spouses Need Separate Counsel?
While it is not a requirement legally for spouses in Ohio to have their own attorneys when writing a postnuptial agreement, it is strongly advised. Deciding to enter into a contract with an attorney’s guidance can cause spouses to go against their best interests and sign an agreement that is not equitable. A local lawyer can help spouses understand the terms of the contract and prevent any issues from arising.
How Can Mediation Resolve Postnuptial Agreement Disputes?
When conflict arises surrounding postnuptial agreements, mediation is a recommended way to find a solution. Mediators can facilitate discussions to help avoid conflict and find resolutions that both spouses agree with. This can help spouses address significant issues that may be difficult to talk about. When couples reach an agreement, the mediator can draft the revised contract before an attorney conducts a final review.
Learn More About My Postnuptial Mediation Services
When disputes surrounding postnuptial contracts occur, mediation is often needed to find a conflict-free resolution. To receive straightforward and skilled support, contact my office at 513-599-8979, Monday through Friday, from 8 a.m. to 5 p.m. Potential clients can also contact me after closing by completing an online form.