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Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.
Can I get a prenup after marriage? Unfortunately, no. A prenuptial agreement is a contract signed prior to marriage. A postnuptial agreement, more commonly referred to as a postnup, is a contract drawn up and signed by a married couple.
Prenuptial agreements are signed before marriage while post-nuptial agreements are signed after a couple is already married. In Indiana, a married couple filing for divorce should consider a post-nuptial agreement as part of their reconciliation.
Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.
Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.
A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent.
Post-nuptial agreements are legally binding documents that should be drawn up by a family law attorney who understands the impact of state laws. To be valid and enforceable, post-nuptial agreements must meet basic requirements.