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Indiana Premarital Agreements Package

Indianapolis Indiana Premarital Agreements Package

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

Indiana

City:

Indianapolis

Control #:

IN-P035-PKG

Format:

Instant download

Description

This package can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The forms describe the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce.

These forms are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.

Included in your package are the following forms:

1. Prenuptial Premarital Agreement without Financial Statements;

2. Amendment to Prenuptial or Premarital Agreement;

3. Financial Statements only in Connection with Prenuptial Premarital Agreement;

4. Revocation of Premarital or Prenuptial Agreement

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Indianapolis Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements

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FAQ

A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.

Prenups are thrown out when it matters most (during a divorce) all the time because they aren't drafted to hold up in a court of law; hiring an experienced attorney is critical to ensure your prenup is solid and enforceable.

Indiana law requires a number of components for a prenuptial agreement to be held valid by a court of law: The prenuptial agreement must be in writing, and must be signed by both individuals. An oral prenuptial agreement is not valid. Each party must fully disclose each of their financial assets and debts.

Be a written contract?no verbal agreements. Have lawful terms within the prenup. Include the signatures from both parties. Must be signed voluntarily (can't involve coercion, duress, intimidation, or deceit)

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 Indiana courts refer to a prenuptial agreement as a ?premarital agreement.? A premarital, antenuptial, and prenuptial agreement is all the same: a legal contract drafted between two parties before getting married. A prenup is only valid after the marriage takes place.

Typically, prenups cost around $2,500, but can cost more if you spend a while haggling out various issues.

Unconscionability Invalidates a Prenuptial Agreement One party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.

The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the child's best interests.

When it comes to monetary assets, a prenup can also protect the future earnings of one or both parties so they are not up for grabs during a divorce.

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