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.