This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
Indiana Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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FAQ
The Agreement was Coerced or Signed Without Mental Capacity For a prenuptial agreement to be considered legally valid, it must be signed by both parties voluntarily , and both parties must be of a mental ability to understand the consequences of what they are signing.
Truth 4: Prenups can protect both spouses. For the prenup to be enforceable, the agreement must: be fair. have both parties sign voluntarily with the presence of their lawyers. not be completely one-sided as of the date it's signed.
If one party provides the other party with information that isn't true, it invalidates the agreement. Insufficient Information: Not presenting relevant information is as bad as presenting false information, and it makes a premarital agreement invalid.
What Issues Can a Prenuptial Agreement Cover? Prenuptial agreements in Indiana may provide for any of the following: each spouse's rights regarding any property owned by either of them, including the right to buy, sell, use, exchange, mortgage, transfer, or otherwise deal with the property.
In Indiana, prenuptial agreements are called "premarital agreements." These types of contracts are defined by Indiana law as an agreement "executed in contemplation of marriage and becomes effective upon marriage." In order to be valid, a premarital agreement must be in writing and signed by both parties; however,
Prenuptial Agreements in IndianaAn oral prenuptial agreement is not valid. Each party must fully disclose each of their financial assets and debts.
Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court.
Generally speaking, both fiance's should hire attorneys to negotiate and draft a prenup on their own behalf, because the agreement may not be enforceable without involvement of separate legal counsel. Most lawyers representing parties in prenuptial negotiations act as if it the entire transaction is purely business.
Issues that are typically dealt with in a prenuptial agreement include spousal support in the event of separation or divorce, including whether the couple will waive spousal support, arrangements regarding care and support of children that either party may have from a prior relationship and how those support payments
Both the future husband and wife must sign the prenuptial in the presence of at least 2 witnesses and the agreement must be entered into the Marriage Register together with the marriage.
