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Under the UPAA, all Indiana prenuptial agreements must be in writing and signed by both spouses. In general, future spouses should negotiate the terms of their agreement well before the wedding day, and each spouse should be represented by counsel.
The court shall determine custody in ance with the best interests of the child. In determining the child's best interests, there is not a presumption favoring either parent.
A court, notwithstanding the terms of the agreement, may require the other party to provide spousal maintenance to the extent necessary to avoid extreme hardship. (c) A court shall decide an issue of unconscionability of a premarital agreement as a matter of law.
Premarital agreements have been recognized in Indiana as valid contracts to determine property rights in the event of a divorce and to supercede the division that would otherwise take place by following our dissolution of marriage statutes.
The Indiana prenuptial agreement statute, contained in Indiana Code 31-11-3, defines a ?premarital agreement,? as an agreement between two prospective spouses that is executed in contemplation of marriage; and becomes effective upon marriage.
Legal Help with Prenuptial Agreements These written documents carry important implications for your rights, financial situation, and future. It is critical to consult with an Indiana prenuptial agreements lawyer if you are thinking about options or need help understanding one given to you.