Any agreement altering legal relations between spouses established under division (A)(1) of section 3103.05 or division (A)(1) or (2) of section 3103.06 of the Revised Code shall be valid and enforceable, with or without consideration, if all of the following apply:

Terms Used In Ohio Code 3103.061

  • Fraud: Intentional deception resulting in injury to another.
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
  • Property: means real and personal property. See Ohio Code 1.59

(A) The agreement is in writing and signed by both spouses ;

(B) The agreement is entered into freely without fraud, duress, coercion, or overreaching ;

(C) There was full disclosure, or full knowledge, and understanding of the nature, value, and extent of the property of both spouses ;

(D) The terms do not promote or encourage divorce or profiteering by divorce.

Last updated February 8, 2023 at 5:27 PM

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