In Indiana, premarital agreements can be useful tools for couples to make decisions and plans regarding their property before they get married. Premarital agreements can contract on the following types of issues: each party’s right to receive certain property in the event of dissolution, the allocation of debt between the parties upon dissolution, whether either party will receive spousal maintenance, and any other issue the couple wishes to address that does not otherwise violate Indiana law. However, premarital agreements cannot contract with regard to child custody and child support; these issues can only be decided by the parties or by the court after they have separated.
Postnuptial agreements can address the same issues as premarital agreements; however, they are only valid and enforceable in limited circumstances. In order for a couple to create a valid and enforceable postnuptial agreement in Indiana, the parties must have first filed a petition for legal separation or a petition for dissolution. Then the postnuptial agreement can be created based on the parties’ intent to move forward and continue in the marriage and the dismissal of the pending legal action.