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:

1. (A) The agreement is in writing and signed by both spouses ;
2. (B) The agreement is entered into freely without fraud, duress, coercion, or overreaching ;
3. (C) There was full disclosure, or full knowledge, and understanding of the nature, value, and extent of the property of both spouses ;
4. (D) The terms do not promote or encourage divorce or profiteering by divorce.

Last updated February 8, 2023 at 5:27 PM