ohiolandlord
11-22-2006, 09:05 PM
Many people have heard of prenuptial or antenuptial agreements, but scratch their heads without a solid understanding of what they are and more importantly, of what use they are. Many others blithely think that any agreement they get the other party to sign will be enforced by the courts in Ohio. These are dangerous misunderstandings of the law.
First things first however, let's look at some terminology which misleads a lot of people. A "prenuptial agreement" and an "antenuptial agreement" are the same exact thing. Although most of the important cases in Ohio law use the term "antenuptial" agreement rather than "prenuptial" agreement, we will use the term prenuptial agreement here.
Persons unfamiliar with the terms just mentioned often mistakenly call an prenuptial agreement an "antinuptial" agreement. While suggesting an antenuptial agreement to your fiancee may indeed have a contrary ("anti") effect on your chances at future nuptials, the prefix is "ante" with an 'e'. "Ante" is latin for "before".
If it helps you, you can think of it as a poker term. The "ante" in poker is an amount put into the pot at the very start of the round of cards before any are dealt. An antenuptial agreement is signed before the marriage ceremony.
I. Legal Definition of an Prenuptial Agreement
The Ohio Supreme Court was nice enough to define the term for us. "An prenuptial agreement is a contract entered into between a man and a woman in contemplation, and in consideration, of their future marriage whereby the property rights and economic interests of either the prospective wife or husband, or both, are determined and set forth in such instrument." Gross v. Gross (1984), 11 Ohio St. 3d 99, at 102; 464 N.E.2d 500.
For more info go to www.ohioprenuptial.com
First things first however, let's look at some terminology which misleads a lot of people. A "prenuptial agreement" and an "antenuptial agreement" are the same exact thing. Although most of the important cases in Ohio law use the term "antenuptial" agreement rather than "prenuptial" agreement, we will use the term prenuptial agreement here.
Persons unfamiliar with the terms just mentioned often mistakenly call an prenuptial agreement an "antinuptial" agreement. While suggesting an antenuptial agreement to your fiancee may indeed have a contrary ("anti") effect on your chances at future nuptials, the prefix is "ante" with an 'e'. "Ante" is latin for "before".
If it helps you, you can think of it as a poker term. The "ante" in poker is an amount put into the pot at the very start of the round of cards before any are dealt. An antenuptial agreement is signed before the marriage ceremony.
I. Legal Definition of an Prenuptial Agreement
The Ohio Supreme Court was nice enough to define the term for us. "An prenuptial agreement is a contract entered into between a man and a woman in contemplation, and in consideration, of their future marriage whereby the property rights and economic interests of either the prospective wife or husband, or both, are determined and set forth in such instrument." Gross v. Gross (1984), 11 Ohio St. 3d 99, at 102; 464 N.E.2d 500.
For more info go to www.ohioprenuptial.com