Do You Need a Prenuptial Agreement?

Practice area: Prenuptial & Postnuptial Agreements Author: Agee, Clymer, Mitchell & Portman Last reviewed: July 2026 · Reading time: 7 minutes

This article is for general informational purposes only and does not constitute legal advice.

Prenuptial agreements carry an outdated reputation as a sign of distrust. In practice, for business owners, physicians, and anyone entering a marriage with significant assets, a prenup is closer to a business continuity plan: a document that removes ambiguity, protects what you’ve built, and often overlooked it protects the marriage itself from financial disputes down the road.

Here’s who tends to benefit from one, and what makes an agreement enforceable in Ohio.

Who should seriously consider a prenuptial agreement

  • Business owners, who want to keep the business and its future growth, outside the pool of marital property
  • Physicians and high-earning professionals, particularly those still paying down student debt or entering a marriage with significant future earning potential
  • Anyone entering a second marriage, who wants to protect assets intended for children from a prior relationship
  • Individuals receiving or expecting an inheritance, which is otherwise separate property but can become entangled with marital assets over time if not clearly documented
  • Couples with significantly unequal assets or income entering the marriage, who want clarity rather than assumptions

What a prenuptial agreement can actually address

A well-drafted agreement can define, in advance:

  • Which assets are treated as separate property, including a business and its future growth
  • How property acquired during the marriage will be divided if the marriage ends
  • Spousal support terms, within certain limits
  • How debts brought into the marriage are handled
  • What happens to jointly titled property, such as a home purchased together

What it generally cannot determine: child custody or child support, which Ohio courts always retain authority to decide based on the child’s best interest at the time, regardless of what a prenup says.

What makes a prenup enforceable in Ohio

Ohio courts will enforce a prenuptial agreement, but only if it meets certain standards. In general, that means:

  1. It was entered into voluntarily, without duress, fraud, or coercion — signing three days before the wedding, under pressure, is a common way agreements get challenged.
  2. Both parties made full and fair financial disclosure before signing — hidden assets or income are one of the most common grounds for a later challenge.
  3. The terms were not unconscionable at the time the agreement was signed — grossly one-sided terms are more likely to be struck down.
  4. Each party had the opportunity to review the agreement with independent legal counsel. While not always strictly required, this significantly strengthens enforceability and is standard practice for any agreement meant to hold up.

Timing matters

The most common mistake is starting the process too late. An agreement signed under time pressure close to the wedding date is far more vulnerable to a future challenge on grounds of duress. A prenup drafted months in advance, with both parties represented and enough time to review, negotiate, and revise the terms, holds up considerably better.

What about a postnuptial agreement?

If you’re already married and didn’t sign a prenup — after starting a business, receiving an inheritance, or simply deciding you want clarity — a postnuptial agreement can accomplish many of the same goals. The same enforceability standards apply: voluntary agreement, full disclosure, and fair terms. For business owners in particular, a prenup is often the cleanest way to keep a business out of the valuation process entirely — see How Business Valuation Works in an Ohio Divorce for what that process looks like without one in place.

Frequently asked questions

Does asking for a prenup mean I don’t trust my partner? Most clients find the opposite is true — the conversation forces both partners to be transparent about finances and expectations before the marriage, which tends to prevent future conflict rather than create it.

Can a prenup cover what happens to a pet? Yes, many modern agreements include specific provisions for pets, which Ohio courts otherwise treat as property rather than through a best-interest custody analysis.

Can we write our own prenup without lawyers? You can, but an agreement without independent counsel for both parties is significantly more vulnerable to being challenged and set aside later, which defeats the purpose of having one.

Is a prenup only for wealthy people? No. Anyone who owns a business, has children from a previous relationship, is entering the marriage with significant debt, or simply wants clarity can benefit from one.

More from the Family Law Knowledge Center

A prenuptial or postnuptial agreement is one of the most effective tools available for protecting what you’ve built — but only if it’s drafted correctly and with enough time to do it right. Schedule a confidential consultation to talk through whether one makes sense for your situation.