Pre-Nuptial / Post Nuptial Agreements
A pre-nuptial agreement (also known as a pre-marital agreement or antenuptial agreement) is a contract between two people, executed in contemplation of marriage. The law governing these agreements is the Uniform Premarital Agreement Act, which has been adopted by Indiana. A valid pre-nuptial agreement is required to be in writing, signed by both parties and must include full financial disclosure. Pre-nuptial agreements allow the parties to plan for the disposition of assets and debts upon a separation, potential termination of the marriage, or death. Common areas covered in a pre-nuptial agreement include the division of business assets, real estate, inherited property, personal property, retirement benefits, life insurance coverage, debts, and whether spousal maintenance will be considered. Pre-marital agreements can also help to protect separate or inherited property by one party. Pre-marital agreements generally cannot address topics relating to child support or other child related issues.
A post-nuptial agreement (not a dissolution settlement agreement) is one the parties enter into after marriage. These agreements are generally interpreted in the same manner as pre-nuptial agreements and can provide many of the same protections that a pre-nuptial agreement can provide.
Attorneys at Mitchell Law Group can advise you as to the factors a court will consider regarding enforcement of pre or post-nuptial agreements, and the terms needed in your agreement to adequately protect yourself based upon the specific facts of your case.
As with all other information contained on this website, this information should not be considered legal advice and you should seek advice from an attorney. Appointments may be arranged to discuss your situation with our attorneys but no advice may be given by initial phone or email contact.