Premarital Agreement Indiana
The execution of a marriage contract helps both parties in the event of divorce or death. It can streamline the process and help avoid litigation. However, a prenuptial agreement cannot be used to determine custody or child support, which can be controversial in a divorce. Some agreements are not considered enforceable; Article 31-11-3-8 describes these cases. If the document is signed unintentionally or the content of the document is unclear, the document can no longer be applied. It is important that if you plan to draft or sign a marriage contract, consult a lawyer. Our family law attorneys in Indianapolis can review the agreement with you and address any concerns you may have regarding the language of the contract. An experienced marriage lawyer can also help you negotiate all the points of the agreement that you would have liked to change. A marriage contract is a contract that is concluded between two people before marriage. Typically, these agreements determine how money and property acquired during the marriage is classified (i.e., As common property or as property separated from each spouse) and identify the property that each spouse brings into the marriage. Although often discussed in the context of divorce, a prenuptial agreement can also describe the responsibilities and rights of each spouse during marriage. The best way to protect your rights in a marriage or post-marriage contract is to speak to a competent family law lawyer.
Ideally, your marriage will last a lifetime, but entering into a marriage or post-marriage contract with a spouse is one way to protect your rights in the event of a marriage breakdown. These agreements can be annulled by the courts if they are not properly executed. An experienced family law attorney in Indiana will help you draft a binding agreement that can protect your rights. Contact us today to learn more about how a marriage or post-marriage contract can help you. This blog post was written by lawyers at Ciyou & Dixon, P.C. who cover the entire spectrum of domestic matters, from prenuptial agreements to divorces and appeals. We hope he has provided you with useful information to understand the full range of rights and remedies under Indiana`s divorce law. This blog is not a solicitation of specific legal services or legal advice.
It is an advertisement. In the agreement, the couple also indicates what happens if one of them becomes disabled or dies. IC 31-11-3-10 Limitation period during marriage; fair defence § 10. Any limitation period applicable to an action asserting a claim for compensation under a prenuptial contract is extended during the marriage of the parties to the agreement. However, both parties have fair means limiting the time of execution, including Laches and Estoppel. As added by P.L.1-1997, SEC.3. IC 31-11-3-6 Date of entry into force Article 6. A prenuptial agreement takes effect with the marriage. As added by P.L.1-1997, SEC.3. The lack of scruples, as justified by the non-respect of a marriage contract that excludes the granting of spousal support, implies a flagrant inequality.4 The disparity in this sense means a difference in bargaining power between the future spouses.
Things like wealth, business acumen, free exchange of information, education, language comprehension, a lawyer, etc. all go in the direction of the concept of inequality between the parties. So the question arises as to what best practices can be applied, especially those who want prenuptial agreements because they bring significant assets into a marriage to avoid declaring a prenuptial agreement unenforceable in the background when filing a divorce petition.5 Here are some suggestions: How the majority of Indiana states use the Uniform Prenuptial Agreements Act (UPAA), determine the applicability of marriage contracts. This joint plan sets out several rules under which the court can determine whether a marriage contract is enforceable or, alternatively, whether a person of the former couple has violated the contract and has therefore declared it null and void. If you`ve already been married, you may want to disconnect some items from your new connection. A prenuptial agreement is a great way to do this. If you`ve decided to postpone your marriage until you`ve been able to establish your career, you may also have accumulated a lot of wealth and may want to have a prenuptial agreement to get the emergency penny you built. In Indiana, marriage contracts are called “prenuptial contracts.” These types of contracts are defined by Indiana law as an agreement that “is signed in return for the marriage and becomes effective with the marriage.” To be valid, a prenuptial agreement must be in writing and signed by both parties; However, unlike other contracts, no consideration is required. A prenuptial contract can deal with a variety of issues, including: Marriage contracts can be revoked or amended after a marriage if both parties agree and submit a new document. Such a model prenuptiality agreement should be signed before marriage. You regulate: It doesn`t matter if you fully trust your partner.
Unfortunately, your marriage may end up on rocks or irreconcilable disagreements. Therefore, couples create specific legal forms to govern their marital and post-marital relationships, such as the Indiana Marriage Contract Form (also known as prenup, prenup, prenupial agreement, marriage contract, etc.). IC 31-11-3-9 Effect of null marriage § 9. If a marriage is declared null and void, an agreement that would otherwise have been a prenuptial agreement is enforceable only to the extent necessary to avoid an unjust outcome. As added by P.L.1-1997, SEC.3. Someone who is considering getting married and needs to enter into a prenup agreement in Indiana should review the provisions of Article 11, Title 31 of the Indiana Code. The topics described above are often used to conclude these agreements in all U.S. states, not just Indiana. Make sure we haven`t mentioned child support as one of the topics covered in the agreements. These issues will be settled by a court if you divorce; You can`t set the rules for your children through prenuptial agreements. Unfortunately, many marriages in the United States and Indiana can end in divorce. Usually, it is not a thought in the mind of a bride or groom before their wedding that the wedding will end one day.
With a relatively high divorce rate and with many people remarrying or remarrying for the third or fourth time, more and more people are determining contingencies if a marriage doesn`t work. For this reason, some couples choose to enter into prenuptial agreements under the Indiana Uniform Premarital Agreement Act (the “Act”) (Ind. Code § 31-11-3-1 ff.). This blog post discusses some considerations to consider when reviewing a prenuptial agreement. The Indiana Marriage Contract, called in the Indiana Code a Prenuptial Agreement, is a legal contract between two potential spouses who wish to clearly delineate the management of their collective and individual assets and debts. The document is written before the marriage and lists the assets, property, financial accounts and businesses of each party. It will share how these assets will be managed throughout the marriage, what will happen to the assets acquired during this period, and how all assets will be divided in the event of death or divorce. IC 31-11-3-8 Applicability of the Agreement § 8. (a) A prenuptial agreement is not enforceable if a party against whom enforcement is sought proves that: (1) the party did not voluntarily sign the agreement; or (2) the Agreement was unscrupulous at the time of performance of the Agreement.
(b) if: (1) a provision of a prenuptial contract modifies or eliminates the maintenance of the spouses; and (2) modification or elimination results in one (1) party to the parties` rights that you may describe in the Indiana Agreement are listed in Section 31-11-3-5. . . .
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