Postnuptial Agreement Indiana
Prenuptial agreements are made before marriage, while postnuptial agreements are created during marriage and occur for limited situations in Indiana. In 2015, the Indiana Court of Appeals extended what began with reconciliation cases, finding that a prenuptial agreement is valid and enforceable if it was entered into for the purpose of prolonging a marriage that would otherwise have resulted in divorce. A divorce can be an emotional and financial issue that could take a lot of time and energy. While a divorce can allow you to start from scratch, you might also struggle to get through the process. One way to reduce the likelihood of a difficult breakup is to make a postnuptial agreement from Indiana. Most people have heard of prenups – agreements made before a marriage that deal with how property is divided when the couple decides to separate. They are useful for couples who have large assets or debts and can provide security for both spouses. If a couple has relationship problems and is trying to reconcile, part of this process could be to create a post-marriage contract to resolve financial and property disputes in order to try to get back on track. Post-uptial contracts have advantages like any other contract. They bring certainty to a situation that could be uncertain. They clarify the rights and obligations of the parties and determine what they should and should not do in certain circumstances.
This can give both parties peace of mind as they know there is a worst-case scenario plan that could be extremely useful for couples as they navigate the ups and downs of married life. 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. Knowing that you`ll both be fine if you decide to divorce can give you peace of mind during your marriage. A post-marriage contract can allow one couple to enjoy each other`s company without the burden of financial worries. A marriage contract is a legal contract signed by both parties before a marriage. A prenuptial agreement can protect the assets you own as an individual and keep them separate in a divorce lawsuit. This agreement may also include additional provisions for the division of matrimonial property, payment of spousal support and attorneys` fees. A marriage contract is rarer than a prenuptial contract. Although they are similar to prenuptial agreements in that they deal with the same issues, they differ in that a post-marriage contract is concluded after a couple`s marriage. The Indiana version of the Uniform Premarital Agreement Act does not apply to post-marital contracts, so the interpretation and applicability of these documents is guided by case law.
Until recently, the validity and applicability of these contracts were clouded by uncertainty. The only recognized basis for maintaining a marriage contract was the dismissal of an action for dissolution of the marriage that was pending at the time, so that a court could determine whether an appropriate consideration had taken place. At Cross Glazier Burroughs, PC, our lawyers have extensive experience in reviewing and drafting post-marriage contracts. We can help you understand the pros and cons of such an agreement and guide you through the legal complexities involved. Postnuptial contracts are legally binding documents that must be prepared by a family law attorney who understands the implications of state laws. To be valid and enforceable, post-marital agreements must meet the basic requirements. If you are married and have questions about prenuptial agreements or need legal help to create one, contact Church, Langdon, Lopp, Banet Law today. We look forward to working with you. A post-nod is enforceable if the requirements of contract law are met. If the adults involved are not unable to work, it is assumed that they can contract.
Courts are usually reluctant to rewrite a contract, but they could intervene if any of the following can be proven: Our lawyers will help you understand your rights and options in creating your post-marriage contract, as well as the possible risks or opportunities for litigation in the future. We provide you with all the information you need to make the most informed decisions regarding these critical legal actions. To request an appointment, call our Indianapolis office at 317-669-9134 or toll-free at 800-461-7459. You can also apply online. Prenuptial agreements are more common, better known and have the same purpose, but the timing is different. Both spouses must sign the post-marital contract voluntarily and intentionally. Any indication that a spouse has been threatened or forced makes the post-nup completely null and void. Although less common, a similar agreement can also be made after the marriage has already taken place. These agreements are called matrimonial or post-marital contracts. Post-marital agreements established by spouses after marriage can offer significant legal protection due to the more limited terms of the agreement. 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. When couples decide to marry, they often choose to enter into matrimonial or post-marital arrangements to provide guidelines for controlling finances, assets, and debts. When controversies arise about a prenuptial contract signed before marriage, a couple may simply decide not to marry. However, when there is controversy over a post-marital contract, things are not so simple. A post-marital contract establishes a fiduciary duty between the spouses, since the couple is already legally bound. There are many reasons for couples to consider entering into a post-marriage contract. They can be used to resolve marital problems due to financial burdens by isolating the source of the dispute. If a couple disagrees on how to allocate their property, a post-marital agreement can solidify their decisions.