Legal Question in Wills and Trusts in Ohio

Re: pprenuptial agreement

In order for a prenuptial agreement to be valid in Florida, there must be a full disclosure prior to signing, of all assets. The courts require full knowledge of all the facts in order for such a contract to be effective, otherwise the judge could 'rewrite' the agreement to the extent of the nondisclosed assets. If the prenuptial is valid, this could effectively terminate the spouse's rights to statutory shares in inheritance (meaning the spouse would be disinherited).

Florida recognizes all legal marriages between a man and a woman of all of the other United States, including Ohio, so there is not a legal need to marry in Florida for your marriage to be valid just because you are going to live here.

Since prenuptial agreements usually mean that a person is waiving substantial rights, it is absolutely imperative that you do not attempt to represent yourself. If you were deathly ill, you would not try to self-medicate and go to a doctor. If your car blew the engine, you would take it to a mechanic, not attempt to get a manual to repair it yourself. If someone is asking you to sign a long term contract which could effect the rest of your life (which is what a prenuptial agreement is), you should contact an attorney and make sure your rights are properly protected.

Re: pprenuptial agreement

REgarding marriage and pre-nuptial law, the states of Ohio and Florida are quite similar. You are advised to sign no pre-nuptial without legal representation. Contact a local family law attorney in your area of residence in Florida. Florida is not a "disinheriting state." however, if you don't understand a pre-nuptial agreement, you could be signing away substantial rights. For example, Florida law protects the surviving spouse regarding the estate of the deceased and awards a certain share, even if the will doesn't provide so, however, a pre-nuptial agreement may sign away such legal rights. Marry in Florida or Ohio, but beware of pre-nups.