Are prenuptial agreements enforceable in Ohio?

Ohio relies on common law, with the Gross v. Gross three-part test guiding every enforceability analysis.

1. Governing Statute / Common Law

Ohio has no general prenup statute. Authority comes from Gross v. Gross, 11 Ohio St. 3d 99 (1984) and Ohio Rev. Code § 3103.06 (recognizing spouses may contract). Provisions concerning property are enforceable per Gross's framework.

2. Formality Requirements

The agreement must be in writing and signed by both parties. While not statutorily mandated, notarization is standard practice. Marriage is the consideration; the agreement becomes effective at marriage.

3. Voluntariness

Under Gross prong one, the agreement must be entered freely, without fraud, duress, coercion, or overreaching. Eve-of-wedding signings are scrutinized; lack of counsel is a factor but not dispositive (Fletcher v. Fletcher, 68 Ohio St. 3d 464 (1994)).

4. Disclosure

Gross prong two requires the agreement be entered with full disclosure, or full knowledge and understanding of the nature, value, and extent of the other's property. A written schedule of assets is the safest method.

5. Unconscionability

Gross prong three: the terms must not promote or encourage divorce or profiteering by divorce. For spousal-support waivers, the agreement is enforceable unless conditions and circumstances have so changed since execution that enforcement would be unconscionable at the time of divorce (a hybrid execution + enforcement test).

6. What Cannot Be Waived

Child support and parenting decisions cannot be predetermined. Spousal support can be waived under Gross if not unconscionable. Property-division provisions are enforced more strictly than support provisions.

7. Key Ohio Case Law

Gross v. Gross (1984); Fletcher v. Fletcher (1994) (postnuptial standard); Hook v. Hook, 69 Ohio St. 2d 234 (1982) (predecessor recognizing validity).

This is legal information, not legal advice.