OHIO PREMARITAL AGREEMENT (ANTENUPTIAL AGREEMENT)

[Drafted for use in the State of Ohio pursuant to Ohio Rev. Code Ann. § 3103.05]

[// GUIDANCE: This template is intentionally robust. Delete any bracketed guidance comments before final execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Title; Parties
This Premarital Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [FULL LEGAL NAME OF PROSPECTIVE SPOUSE #1], residing at [ADDRESS] (“Party A”), and [FULL LEGAL NAME OF PROSPECTIVE SPOUSE #2], residing at [ADDRESS] (“Party B”) (each, a “Party,” and collectively, the “Parties”).

1.2 Recitals
A. The Parties contemplate lawful marriage to each other on or about [PLANNED WEDDING DATE] (the “Marriage”).
B. Each Party desires to define and regulate their respective property rights, responsibilities, and other matters incident to the Marriage.
C. Pursuant to Ohio Rev. Code Ann. § 3103.05, the Parties may contract concerning property and other rights in anticipation of marriage.
D. The Parties acknowledge that this Agreement is executed voluntarily, after full and fair disclosure, and upon an opportunity to consult independent legal counsel.

1.3 Consideration
The mutual covenants herein and the contemplated Marriage constitute good and sufficient consideration.

1.4 Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the domestic relations and family laws of the State of Ohio without regard to conflict-of-laws principles.

II. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below:

“Affiliate” means, with respect to any specified Person, any other Person directly or indirectly controlling or controlled by, or under common control with, such specified Person.

“Applicable Law” means all statutes, rules, regulations, and ordinances of any Governmental Authority having jurisdiction, including but not limited to Ohio Rev. Code Ann. § 3103.05.

“Assets Schedule” means, collectively, Schedule 1 (Party A’s Assets) and Schedule 2 (Party B’s Assets) attached hereto.

“Marital Property” means all property acquired by either Party after the Date of Marriage that is not Separate Property.

“Person” means any natural person, corporation, partnership, limited liability company, trust, or other entity.

“Separate Property” means (a) property listed on the Assets Schedule, (b) income and appreciation thereon, (c) gifts or inheritances received individually by a Party, and (d) proceeds from the disposition of Separate Property, provided that such proceeds are maintained separately and traceable.

III. OPERATIVE PROVISIONS

3.1 Classification of Property
(a) Separate Property shall remain the sole and separate property of the owning Party.
(b) Marital Property shall be divided in the event of Dissolution as agreed by the Parties or as ordered by a court of competent jurisdiction if no agreement is reached.

3.2 Management & Control
Each Party shall have the unrestricted right to manage, encumber, convey, or bequeath his or her Separate Property without consent of the other Party.

3.3 Debts & Obligations
Except as otherwise agreed herein, each Party shall be solely liable for debts incurred in his or her own name before or during the Marriage that are not expressly designated as joint obligations.

3.4 Waiver of Elective Share
Each Party knowingly and voluntarily waives, releases, and relinquishes any and all rights to an elective share, intestate share, or other statutory or common-law share in the estate of the other Party.

3.5 Spousal Support
(a) Subject to the unconscionability review mandated under Ohio law at the time of enforcement, each Party hereby waives any right to receive spousal support, alimony, or maintenance from the other Party in the event of Dissolution.
(b) Nothing herein shall limit a court’s authority to modify or decline enforcement of this waiver if, at the time of enforcement, it is unconscionable.

3.6 Children
Nothing in this Agreement shall limit any court’s jurisdiction regarding child custody, parenting time, or child support.

3.7 Conditions Precedent
This Agreement shall become effective upon solemnization of the Marriage. If the Marriage does not occur on or before [OUTSIDE DATE], this Agreement shall be null and void ab initio.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority & Capacity
Each Party represents that he or she is at least 18 years of age, of sound mind, and under no constraint or undue influence.

4.2 Full and Fair Disclosure
Each Party represents that he or she has made a full, fair, and reasonable disclosure of assets, liabilities, and financial circumstances, the material details of which are set forth on the Assets Schedule. [// GUIDANCE: Attach most recent balance sheets, account statements, and debt schedules.]

4.3 Independent Counsel
Each Party represents that he or she has had an opportunity to consult independent legal counsel of his or her choosing, and either has done so or voluntarily elected not to do so.

4.4 Accuracy of Schedules
The Assets Schedule is complete and accurate in all material respects as of the Effective Date.

4.5 Survival
The representations and warranties set forth in this Article IV shall survive the execution and, subject to § 6.4, any enforcement of this Agreement.

V. COVENANTS & RESTRICTIONS

5.1 Further Assurances
Each Party shall execute and deliver such further instruments as may be reasonably necessary to effectuate the purposes of this Agreement.

5.2 Preservation of Separate Property
Each Party covenants to keep records sufficient to trace all Separate Property.

5.3 Confidentiality
The Parties shall maintain the confidentiality of financial disclosures except as necessary for enforcement or as required by law.

5.4 Tax Cooperation
The Parties shall cooperate in filing individual or joint federal, state, and local tax returns as mutually agreed and shall furnish necessary documentation.

VI. DEFAULT & REMEDIES

6.1 Events of Default
Any material misrepresentation, fraudulent concealment, or willful failure to perform any covenant herein constitutes a default.

6.2 Notice & Cure
A non-defaulting Party shall give written notice specifying the nature of the default. The defaulting Party shall have [30] days to cure, unless the default is incurable by its nature.

6.3 Remedies
(a) Specific Performance. Because of the unique personal nature of this Agreement, the Parties acknowledge that monetary damages may be inadequate and agree that specific performance and injunctive relief are appropriate.
(b) Equitable Accounting. Upon default, a court may order an accounting to determine the status of Separate Property and Marital Property.
(c) Attorney Fees. The prevailing Party in any action or proceeding to enforce this Agreement shall be entitled to reasonable attorney fees and costs.

6.4 Survival of Remedies
All remedies set forth in this Agreement are cumulative and shall survive any dissolution of the Marriage.

VII. RISK ALLOCATION

7.1 Mutual Indemnification
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against any losses, claims, damages, or expenses (including reasonable attorney fees) arising out of (a) Separate Debts of the Indemnifying Party or (b) breach of this Agreement.

7.2 Limitation of Liability
Except for claims arising from fraud, willful misconduct, or obligations under § 7.1, each Party’s aggregate liability under this Agreement shall not exceed [DOLLAR CAP OR “UNLIMITED”].

7.3 Force Majeure
Neither Party shall be liable for delays or failures to perform resulting from events beyond reasonable control, excluding financial incapacity.

VIII. DISPUTE RESOLUTION

8.1 Exclusive Forum Selection
Subject to § 8.2, any action arising under this Agreement shall be filed exclusively in the Domestic Relations Division of the Court of Common Pleas of [COUNTY], Ohio.

8.2 Limited Arbitration
(a) Scope. By mutual written consent after a dispute arises, the Parties may submit property-distribution issues (but not child-related matters) to binding arbitration under the Ohio Uniform Arbitration Act.
(b) Procedure. Any arbitration shall be conducted in [CITY, OH] before a single neutral arbitrator who is a retired judge or an attorney with at least ten (10) years’ family-law experience.
(c) Judgment. An arbitration award may be confirmed in any court of competent jurisdiction.

8.3 Waiver of Jury Trial
The Parties acknowledge that the Domestic Relations Division adjudicates matters without a jury.

8.4 Injunctive Relief
Nothing herein shall limit a Party’s right to seek temporary, preliminary, or permanent injunctive relief in accordance with § 6.3(a).

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers
This Agreement may be amended only by a written instrument signed by both Parties before two witnesses and acknowledged before a Notary Public. No waiver shall be effective unless in writing and signed by the Party waiving.

9.2 Assignment
No Party may assign or delegate any rights or obligations under this Agreement without prior written consent of the other Party, except by testamentary disposition of Separate Property.

9.3 Successors & Assigns
This Agreement shall inure to the benefit of, and be binding upon, the Parties and their respective heirs, legal representatives, successors, and permitted assigns.

9.4 Severability
If any provision is held invalid or unenforceable, such provision shall be reformed to the minimum extent necessary, and the remaining provisions shall remain in full force.

9.5 Integration (Merger)
This Agreement constitutes the entire understanding of the Parties concerning the subject matter and supersedes all prior or contemporaneous oral or written agreements.

9.6 Headings
Section headings are for convenience only and shall not affect interpretation.

9.7 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures delivered by facsimile, PDF, or other electronic means shall be deemed original signatures.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT

State of Ohio )
County of [COUNTY] )

On this ___ day of __, 20, before me, the undersigned Notary Public, personally appeared [PARTY A] and [PARTY B], personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to this instrument and acknowledged that they executed the same for the purposes therein contained.

Notary Public, State of Ohio
My Commission Expires: ______

WITNESSES

1. ____ Date: _
2. ____ Date: _

SCHEDULES

• Schedule 1 – Party A’s Assets, Liabilities & Income
• Schedule 2 – Party B’s Assets, Liabilities & Income
[// GUIDANCE: Attach detailed balance sheets, appraisals, titles, and statements sufficient to satisfy full-disclosure requirements.]

[// GUIDANCE: Prior to finalizing, confirm that (i) schedules are complete; (ii) each Party had independent legal advice; (iii) execution formalities—two witnesses and notarization—are satisfied to enhance enforceability.]