At the Law Office of Anthony W. Greco, we understand the stress and life altering circumstances that individuals and families often deal with when facing a marriage where 1 or both of the parties have assets they wish to protect. That is why it is important to have an attorney who has extensive experience in Prenuptial Agreement issues as well as other family law matters, who can provide counsel and advise in an understandable, practical and effective manner.
A Prenuptial Agreement is a contract that sets forth the parties’ rights and obligations in the event of Divorce and/or the death of either party. As with all contracts, the law provides requirements for its enforceability, including but not limited to, the Prenuptial Agreement must be in writing and be supported by adequate consideration. There also must be full disclosure of financial issues, and the terms of the Prenuptial Agreement must not violate public policy. In addition, the Prenuptial Agreement must be entered into without duress or overreaching. In the event that a Prenuptial Agreement’s validity is challenged, these issues will be carefully scrutinized by a Court when determining whether the Prenuptial Agreement is enforceable.
Further, in Ohio, spousal support provisions in a Prenuptial Agreement are examined for fairness as of the date of the enforcement of the agreement, not as of the date of the execution of the Prenuptial Agreement. Due to these requirements and limitations, a party seeking to enforce or nullify a Prenuptial Agreement should consult with an experienced attorney in family law matters. Finally, to avoid potential pitfalls, parties wishing to enter a Prenuptial Agreement should consult with their respective attorneys well in advance (several months) of their planned wedding date.
The Law Office of Anthony W. Greco is committed to providing each and every Client with professional, aggressive and practical representation, while being sensitive to the Client’s unique concerns and goals. With more than 16 years of experience, our firm is equipped to deal with all issues involved in the preparation and enforcement of Prenuptial Agreements. When addressing the complex legal and emotional issues involved in properly preparing Prenuptial Agreements, or when fighting to overturn an improper Prenuptial Agreement, The Law Office of Anthony W. Greco is prepared to aggressively represent its Clients’ concerns and interests from the first day of representation through trial.
