What are the contracts that affect marriage?

Full question:

My husband and I live in Ohio. We would like to know if we can enter contracts affecting marriage?

Category: Divorce
Subcategory: Separation Agreements
Date: 04/07/2025
State: Ohio

Answer:

In Ohio, a husband and wife cannot contract with each other to alter their legal relationship. They can however, agree to an immediate separation and make provisions for providing support to either of the spouses and their children upon separation.

This is provided in ORC Ann. §3103.06. It reads:

“A husband and wife cannot, by any contract with each other, alter their legal relations, except that they may agree to an immediate separation and make provisions for the support of either of them and their children during the separation.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a judge deny a dissolution of marriage in Ohio?

Yes, a judge in Ohio can deny a dissolution of marriage. This can happen if the couple does not meet the legal requirements, such as residency or if there are unresolved issues regarding property division or child custody. The judge must ensure that all necessary agreements are in place before granting a dissolution. If any party contests the dissolution, the case may proceed to trial, where the judge will decide based on the evidence presented.

What makes a contract legally invalid?

A contract can be deemed legally invalid for several reasons, including lack of capacity (e.g., minors or mentally incapacitated individuals), absence of consideration (something of value exchanged), illegal purpose, or if it violates public policy. Additionally, if the terms are too vague or uncertain, the contract may not be enforceable. In Ohio, contracts must also comply with specific legal requirements to be valid.

What are the requirements to get married in Ohio?

To get married in Ohio, both parties must be at least 18 years old. They need to obtain a marriage license from a county probate court, which requires identification and, in some cases, proof of residency. There is typically a waiting period, and the license must be used within a certain timeframe. If either party has been previously married, they may need to provide divorce decrees or death certificates to prove the end of prior marriages.

What makes a marriage contract invalid?

A marriage contract can be invalid if it lacks essential elements such as mutual consent, is based on fraud, or violates public policy. Additionally, if one party was under duress or did not have the legal capacity to enter into the contract, it may be deemed invalid. In Ohio, contracts that attempt to alter the legal relationship of marriage are also not enforceable, as stated in ORC Ann. §3103.06.

What are the rights of unmarried couples living together in Ohio?

Unmarried couples in Ohio do not have the same legal rights as married couples. They do not automatically have rights to each other's property or financial support. However, they can create agreements regarding property, finances, and other matters to protect their interests. Issues such as child custody and support are governed by family law, which applies regardless of marital status. It's advisable for unmarried couples to consult legal counsel to understand their rights.

What does it mean when a marriage is invalid?

An invalid marriage means that the marriage is not legally recognized. This can occur due to reasons such as lack of capacity, failure to obtain a marriage license, or if the marriage violates state laws. In Ohio, an invalid marriage may be treated as if it never occurred, affecting rights related to property, support, and inheritance. To clarify the status of an invalid marriage, individuals may seek legal advice.