An Indiana prenuptial agreement is a contract signed by two individuals before they get legally married. These agreements typically specify how assets acquired during the marriage will get treated (e.g., as joint property or the property of each spouse) and what assets each spouse is contributing to the partnership.
Although prenuptial agreements are frequently addressed in the context of divorce, they can also specify the duties and rights of each spouse during the marital association.
Furthermore, according to the family laws prevalent in Indiana, a prenuptial contract is executed in anticipation of marriage and becomes valid upon marriage. However, to be enforceable in the courts, a prenuptial agreement must be written and signed by both parties.
Why Should You Consider a Prenuptial Agreement?
According to research, entering a prenup agreement helps partners reduce uncertainty about financial matters in advance and concentrate on other areas of their relationship, eventually boosting domestic happiness.
In addition, if a person has substantial assets before marriage, a prenuptial agreement may be necessary to ensure that they retain those assets in the case of a divorce. Prenuptial agreements are frequently used by individuals who have children from previous relationships to safeguard their inheritance rights.
Prenuptial agreements are no longer just for highly affluent couples as people with fewer assets think deciding how each partner will be safeguarded is more crucial than those with substantial holdings.
Moreover, a prenuptial agreement enables the couple to select a divide based on their circumstances that make the most sense. Without a prenuptial agreement, a judge will split the couple's assets and liabilities following the general guidelines drafted in state law.
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Child Maintenance and Custody Through Indiana Prenuptial Agreement
According to Indiana law, prenuptial agreements cannot include a child support clause. Likewise, state laws and principles require all parents to provide for their children, and a contract cannot waive this responsibility.
Although child support is typically paid from one parent to the other, the child has the right to receive it. As a result, neither parent has the authority to consent that the other is exempt from paying child support.
Nevertheless, like other state laws, Indiana prenuptial agreements cannot include provisions allowing parents to choose child custody. Based on what is in the kid's best interests at the time of divorce or separation, custody is decided.
How to Execute the Prenup Agreement in Indiana
The Uniform Premarital Agreement Act (UPAA), a set of criteria judges use to assess whether a prenuptial agreement will get enforced, has been enacted by numerous states, including Indiana. The UPAA requires all Indiana prenuptial agreements to be in writing and signed by both parties.
Hence, future spouses should consult an attorney before negotiating their contract details well before the wedding. An attorney can help both parties list their assets at the time of the wedding and also specify what will happen to their property in the case of divorce or death.
Conclusion
The Indiana courts will typically uphold prenuptial agreements if they are executed voluntarily by both parties. The judge will try to ascertain the parties' objectives if there is any disagreement on what the agreement demands.
In addition, the court will consider other evidence, such as documents or testimony from the spouses or the lawyers who prepared and reviewed the agreement, if there are any ambiguous clauses, to confirm the spouses' intentions. Hence it is better to hire our professional attorneys at Contracts Counsel to execute your prenuptial agreement without any hassle.
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Meet some of our Indiana Prenuptial Agreement Lawyers
Justin C.
Justin Camper is a small business and trademark attorney, entrepreneur, public speaker, and writer. Justin has been practicing law close to 5 years and has done various areas of law from criminal work as a Prosecutor, to business and civil litigation at private law firms.
Mariah M.
McGhee at Law is a purpose-driven law firm located in Indiana. We are focused on assisting Clients with creating opportunities of advancement. Our strategy is to assist, advise and support our Clients in fulfilling their vision for their personal lives and businesses through the practice of law.
July 21, 2020
Chester A.
With over 24 years of practice, Chet uses his vast experiences to assist his clients in the most efficient manner possible. Chet is a magna cum laude graduate of University of Miami School of Law with an extensive background in Business Law, Commercial Real Estate, Corporate Law, Leasing Law and Telecommunications Law. Chet's prior experience includes 5 years at two of the top law firms in Georgia and 16 years of operating his own private practice.
January 6, 2022
Elizabeth V.
Most of my career has been as in-house counsel for technology companies. My responsibilities included managing all vendor/procurement contracts and compliance, customer/partner/reseller contracts and compliance, data security/privacy compliance and incident responses, HR/employment issues, and legal operations. I am very comfortable negotiating Commercial Contracts, Vendor Agreements, and Procurement Contracts for goods, services, and licensing, as well as addressing Employment & Labor, Intellectual Property, and Data Privacy issues and compliance. I specialized and have a certificate in IP in law school and continued to develop in that area as in-house counsel for Interactive Intelligence, Genesys, which are unified communication companies, and KAR Global in the automobile digital services lines of business.
June 21, 2023
John B.
I am an attorney with over 13 years experience licensed in both Illinois and Indiana. I spent the early part of my career as a civil litigation attorney. Eventually, I moved into an in-house role, specifically as general counsel, to help companies avoid the pains of litigation. In doing so, I gained significant experience in executive leadership, corporate governance, risk management and cybersecurity/privacy. I bring this wealth of experience to my client engagements to not only resolve the immediate issue, but help implement lasting improvements in practices to avoid similar problems going forward.
July 2, 2023
Thomas B.
Accomplished Attorney with 33 years of experience assisting clients with their legal needs, including reviewing and drafting of various contracts and agreements.
July 6, 2023
Adam L.
General practice attorney
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Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
New York
Prenup
Hey i'm getting married next month in NY How much will it cost?
Jane C.
I suggest you submit a proposal for lawyers to bid on.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
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Location: California
Turnaround: A week
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Doc Type: Prenuptial Agreement
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Location: Washington
Turnaround: Less than a week
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Doc Type: Prenuptial Agreement
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