An appropriately drafted premarital or prenuptial agreement will override typical property division rules in divorce.
Prenuptial and Postnuptial Agreements
WATCH: Who needs a premarital agreement in Indiana?
A common misconception is that only the very wealthy can benefit from a premarital agreement in Indiana.
WATCH: What is a premarital agreement? Is it the same thing as a prenuptial agreement?
Premarital agreements, also known as prenuptial agreements, are agreements entered into in anticipation of marriage.
WATCH: What should be included in a prenuptial agreement for a business owner?
That’s a great question. The prenuptial agreement is a contract between two people who are contemplating marriage and is effective upon the date of the marriage or civil union. The agreement should include all property of the parties including their business, real estate investments, retirement accounts or pensions and debts. When I prepare a prenuptial […]
WATCH: If someone signed a prenuptial agreement, is there any way of getting it set aside during divorce?
If a prenuptial agreement’s prepared in accord with requirements of the statute, it should not be set aside. It must be signed by the parties voluntarily and must be conscionable. The parties must each provide full and fair disclosure of the earnings, property and the respective financial obligations. If there is a waiver of financial […]
WATCH: How does a party with fewer assets protect themselves in a prenuptial agreement?
The first step is to get a lawyer to ensure that you are being treated fairly in a prenuptial agreement. If a party does not have significant assets and they are marrying the person that does have significant assets, it’s valuable for that party to have a prenuptial agreement so that he or she knows […]
WATCH: How Common Are Prenuptial Agreements in Wealthy Marriages?
Does a premarital or prenuptial agreement override normal property division rules?
If there is a valid prenuptial agreement, it will control how property will be divided. If the prenuptial agreement excludes certain property from becoming marital property then property that is excluded will not be marital property. If the prenuptial agreement contains a waiver to a monetary award or other form of equitable distribution such as […]
Can you change your prenuptial agreement?
Your prenuptial agreement can be changed. Once you and your spouse are lawfully married and you decide that you want to change your prenup, all of the changes must be recorded in writing. Each party must sign the amended agreement acknowledging the new editions to the asset list or initial provisions. Your attorney can help […]
What guidance can an attorney offer for prenups?
An attorney can give you feedback on terms you would like to see in a prenuptial agreement and work with you on making the language of the prenup as thorough and precise as possible. If your fiancé objects to certain terms, your attorney can provide alternatives and creative suggestions for making the document one that […]
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