Ending a marriage often brings significant emotional and financial stress. Furthermore, it is overwhelming to discover that your partner hid their true wealth when you signed the prenup. Fortunately, Ohio law allows you to challenge such agreements. Here is what you need to know.
What Ohio law requires for a prenup to be enforceable
Ohio courts usually uphold premarital contracts that meet specific requirements. Under the standard established in Gross v. Gross, Ohio courts generally evaluate whether both spouses entered the agreement voluntarily, whether complete financial disclosure was made and whether the terms of the agreement are fair and reasonable. A prenuptial agreement that fails any of these requirements may be unenforceable.
Furthermore, in Ohio, the person trying to enforce the contract may carry the burden of proving they made a full disclosure. This standard helps ensure that nobody takes unfair advantage of a prospective spouse.
What steps should you take?
You might want to review the exact terms that you signed before your wedding. Finding specific hidden accounts or understated property values generally strengthens your position. You could also gather financial records that existed at the time of your marriage. During a divorce, the trial court typically determines what property qualifies as marital or nonmarital. Highlighting missing financial information might encourage a judge to set the original contract aside.
How an attorney can support your challenge
An attorney experienced in family law might evaluate the circumstances surrounding your contract to find evidence of fraud. They could uncover hidden business interests through a formal discovery process during your court proceedings. They can also help you determine whether the lack of transparency might render the agreement unenforceable under current laws.