Hubbard v. Hubbard

Citations

• 2025 Ohio 2828

Syllabus

Prenuptial Agreement; Overreaching; Spousal Support Waiver; Mootness. In addition to the general requirements for contracts, prenuptial agreements must satisfy three additional \special conditions.\ The prenuptial agreement (1) must be entered into freely and cannot be the product of fraud, duress, coercion, or overreaching; (2) must be accompanied by full disclosure or full understanding of the parties' assets; and (3) does not encourage or profit from divorce. Before a spousal support waiver in a prenuptial agreement can be enforced, the trial court must examine the conscionability of the provision at the time of the divorce.