Throughout the United States, courts have used inconsistent standards for the interpretation of prenuptial agreements. Under Ohio jurisprudence, courts are concerned with protecting the vulnerable spouse or the economically disadvantaged party. This legal standard acknowledges the unique relationship of the parties to the contract and will generally review the procedural and substantive components of the prenuptial agreement. Conversely, other courts are weary of interfering with the contractual freedom of the parties and will only invalidate a prenuptial agreement upon a showing of fraud, duress, or misrepresentation. The Uniform Premarital Agreement Act was drafted in 1983 to address the inconsistent treatment of prenuptial agreements on a multi-jurisdictional basis. To date, twenty-seven states have adopted the Act. Ohio’s adoption of the Act would clarify the rights and responsibilities of parties to prenuptial agreements. In addition, subsequent adoption of the Act in all states would guarantee reliable prenuptial agreements which could withstand judicial scrutiny in all United States jurisdictions.
Jenna Christine Colucci,
The "P" Word: Ohio Should Adopt the Uniform Premarital Agreements Act to Achieve Consistency and Uniformity in the Treatment of Prenuptial Agreements,
66 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol66/iss1/10