Q: Is my handwritten note binding in an Ohio divorce?
I signed a handwritten note detailing some terms for property separation, child support, and 401k division, intending it for a dissolution. The note was not signed by my spouse, nor was it notarized or witnessed. Later, I decided to change my stance on these terms, and my spouse filed for divorce instead of dissolution. The divorce proceedings have not yet begun. Is this handwritten note now binding in the upcoming divorce proceedings in Ohio?
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A:
Unlikely. Ohio now allows for post-marital agreements that would govern the terms of a property division in divorce but they are enforceable only in the following situations.
(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.
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