Nancy L. Sponseller

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(614) 764-0423

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Post-Nuptial Agreement NOW VALID IN OHIO

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Major Change in Ohio Law

For over 130 years, Ohio law prohibited post-nuptial agreements.  Even amendments to and terminations of prenuptial agreements during marriage were not valid.  This all changes as of March 23, 2023, when Ohio law will now recognize the validity of postnuptial agreements.

Prior to this change, only prenuptial agreements, an agreement entered into prior to marriage, could alter the legal relations between spouses (if the agreement were otherwise valid).  Now, legal relations between spouses can be altered after the marriage.

Postnuptial Agreements

This is a complex matter and cannot be a “kitchen table” agreement between the spouses.  But spouses can review their “old” prenuptial agreement to see if an old agreement fits present circumstances.  If not, the parties, with separate legal counsel for each party, can discuss what changes might be made.

The benefits of this new law are many, and may include enabling spouses to:

  • Freely contract and agree as to various financial aspects of their marriage
  • Address issues with an existing premarital agreement, such as error or ambiguities
  • Update an old agreement to ensure validity
  • Create certainty between the spouses as to their legal rights and obligations

To be valid, the postnuptial agreement must:

  • Be in writing and should be very specific as to the changes being made
  • Be entered into freely and without fraud, duress, coercion or overreaching by either spouse
  • Be made with each spouse’s full disclosure and full knowledge of the other spouse’s property (with all assets, liabilities and financial circumstances clearly identified)
  • Not promote divorce or profiteering from divorce

Who Should Be Interested in a Collaborative Divorce in Columbus Ohio?

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Who should be interested in a collaborative divorce in Columbus, Ohio?  A “collaborative divorce” may not be perfect for every situation (e.g., where there has been domestic violence, abuse, serious mental illness), but I personally believe it is the best option available for most couples seeking to end a marriage.  What type of people are generally a good fit for a collaborative divorce in Columbus, Ohio?

  • If you value what is best for your children, you are a good fit for collaborative.
  • If you want a process that is private, you are a good fit for collaborative.
  • If you want transparency and full and immediate disclosure of all financial information, you are a good fit for collaborative.
  • If you value interest based negotiations, that results in settlement terms that meets the legitimate needs of each member of the family after the divorce, you are a good fit for collaborative.
  • If you want to have dignified, respectful meetings to discuss and reach resolution, you are a good fit for collaborative.
  • If you want to commit your energy and resources to creative problem-solving and restructuring both the family and the family’s finances, you are a good fit for collaborative.
  • If you want to have less damage (financial, emotional, and relational), you are a good fit for collaborative.
  • If you want to have more understanding and control of the process, you are a good candidate for collaborative.
  • And, if you want to work with experienced and trained collaborative professionals who are committed to attaining for you the most positive resolution, without litigation, you are a good candidate for collaborative.

If you understand that the manner in which your divorce is handled will have a profound affect upon the rest of your life and that of your child(ren), and you want the best for your children, the collaborative divorce process is the best fit.  The collaborative divorce process establishes agreements that protect the parties, and ensures that expensive and time consuming pointless litigation is avoided.  When the former spouses have areas of principled disagreement and wish to seek assistance resolving them in a dignified manner, the collaborative process works very well.

Collaborative divorce puts the needs and interests of the children ahead of the inevitable damage done by high-conflict contested divorces.  It allows each party to exercise significant input and influence over the ultimate outcome in all matters associated with the separation agreement and any shared parenting plan.  The collaborative process protects your private information, and helps to ensure that your divorce is completed in a timely manner, and within an appropriate budget.

Most importantly, the collaborative divorce process here in Columbus and Central Ohio will provide a valuable foundation for a productive future working, co-parenting relationship that will carry into the years to come.  This prevents needless bickerring and disputes following your divorce, and significantly improves the quality of life for you and your children.

If you are interested in a Collaborative Divorce in Columbus, Ohio, and wish to learn more about the benefits of the collaborative process I invite you to call me at 614-764-0423 or contact my office.  As a Certified Specialist in Ohio family relations law, as one of the founding members of the collaborative movement here in Central Ohio, and with years of specific collaborative training and collaborative cases “under my belt,” I am committed the collaborative process and to helping my clients end to their marriage with dignity, fairly and equitably, “litigation free,” and in the most timely and cost-efficient manner possible.  It isn’t just about ending a marriage.  You have a whole new life ahead of you and I’m committed to helping you get past what you need to get past so that you and your children can move on to a future that is as positive, peaceful, and bright as possible.