Free Ohio Postnuptial Agreement Template

An Ohio postnuptial agreement is a written contract spouses sign during the marriage that alters their legal relations, such as property and support terms. Ohio’s current requirements took effect on March 23, 2023, under Senate Bill 210.

Four Conditions

Under Ohio law, an agreement altering legal relations between spouses is valid and enforceable, with or without consideration, if all of these apply (Ohio Rev. Code § 3103.061):

1. Both spouses sign a written agreement.
2. Each spouse enters into it freely, without fraud, duress, coercion, or overreaching.
3. There was full disclosure, or full knowledge and understanding, of the nature, value, and extent of both spouses’ property.
4. The terms don’t promote or encourage divorce or profiteering by divorce.

Disclosure or Knowledge

Notably, the disclosure condition can be met in two ways. Either there was full disclosure, or each spouse had full knowledge and understanding of the property involved. Even so, written disclosure is the easier one to prove later.

What Spouses Can Do

In addition, Ohio law lets spouses modify or terminate an existing antenuptial or postnuptial agreement. They may also agree to an immediate separation and provide for property division and support during it (Ohio Rev. Code § 3103.06).

Yes, under the current law. Section 3103.061 took effect on March 23, 2023, and sets the conditions for agreements altering legal relations between spouses. However, many older articles describe Ohio’s earlier restrictions, so check the date on anything you read.

Since the rules are newer, your Ohio postnuptial agreement should track each statutory condition closely. In particular, avoid terms that could read as rewarding either spouse for ending the marriage.

Take these steps for an Ohio postnuptial agreement:

1. Exchange full disclosure. Describe the nature, value, and extent of each spouse’s property.
2. Keep negotiations free. Avoid anything that could look like duress, coercion, or overreaching.
3. Review for divorce incentives. Remove terms that promote divorce or let someone profit from it.
4. Put the agreement in writing. Include all terms in one document.
5. Both spouses sign. Each spouse signs the final version.
6. Keep copies of the disclosure documents with the signed agreement.

A well-drafted agreement contains:

• Property disclosure — the nature, value, and extent of each spouse’s property
• Voluntariness statement — no fraud, duress, coercion, or overreaching
• Property and support terms — the legal relations you’re changing
• Neutral terms — nothing that rewards divorce
• Both signatures — from each spouse, dated