Ohio and most other states view premarital, or prenuptial, agreements as products of contract law, and as such, they are enforceable even if unfair in their basic content. Parties getting married should each closely assess the pros and cons of a premarital agreement and the nature of the consequences if a divorce arises in the future. The courts have generally held that a premarital agreement will be enforced if it was entered into voluntarily and if the wealthier party gives full disclosure of assets. Of course, it is the less wealthy party who typically gives up the right to claim equitable property division and other rights in the event of a divorce.
Historically, most of these agreements have involved a woman as the less wealthy spouse. She would sign an agreement prior to marriage to relinquish her equitable division rights to the other's property, including what would otherwise have become marital property due to being acquired during the marriage. Courts usually took a more mediating stance in looking at how unfair the agreement was to the female partner.