Prenuptial Agreements, also known as Antenuptial Agreements, are powerful tools in carving out separate property, so that in the event of a divorce or a death, the separate property of an individual either stays with him/her or transfers through death down to an heir other than the surviving spouse.
If two people who have next to nothing get married, then a Prenuptial Agreement is really not necessary since everything they create will have been created during the marriage.
However, in 2nd or 3rd marriages (etc.) or in a marriage where one individual has much more wealth than the other, a Prenuptial Agreement is well advised.
Typical Challenges to Enforceability of Prenuptial Agreements
In Ohio, challenges to enforceability include issues of duress, coercion and failure to have had the opportunity to have been advised by an attorney prior to signing.
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