- March 9, 2025
- CLLB Law
- Divorce Family Law
Discover What Impacts Postnuptial and Prenuptial Agreements
Featured Snippet: The factors influencing postnuptial and prenuptial agreements include voluntary signing, clarity of language, and the fairness of agreement terms.
While going through a divorce in Indiana can be tough emotionally and financially, there are measures you can take to make things easier. For example, prenuptial and postnuptial agreements, created with the help of a family lawyer, are two ways to plan ahead. These agreements, made before or after marriage, serve as roadmaps for how things will be handled if the marriage ends. They sort out who gets what in terms of money and properties.
In Indiana, understanding the ins and outs of these agreements is key for couples looking to protect themselves and make their divorce smoother. This article will break down prenuptial and postnuptial agreements, explaining why they’re important and what to consider when making one.
What Are Prenuptial and Postnuptial Agreements?
Know What Prenuptial and Postnuptial Agreements Mean
A prenuptial agreement is a contract signed by those planning to marry. On the other hand, a postnuptial agreement is for married couples who want to establish their property rights during or after marriage. It’s important to understand that Indiana law requires that the parties be contemplating divorce before a postnuptial agreement can be considered valid. In other words, you can’t simply enter a postnuptial agreement because you meant to enter a prenuptial agreement but ran out of time. A postnuptial agreement is considered a method of “fixing” a marriage that may be headed toward divorce – the parties agree to stay together and not to divorce if certain issues can be ironed out in a postnuptial agreement. Filing for divorce soon after entering a postnuptial agreement will tend to invalidate the agreement.
Without either of these agreements, all the property spouses brought into the marriage or acquired during the marriage will be divided based on Indiana law. Meanwhile, under Kentucky law, property is classified as marital or nonmarital from the beginning.
The division of property starts with a presumption of an even split. Afterward, one party can argue that they deserve more and the other person should get less. To prevent this tug of war between themselves and the divorce attorneys, the parties can previously discuss who should get what and execute one of these agreements.
Couples with complicated finances should seriously consider creating premarital or postnuptial agreements. The more complex your situation, the more reasons the two of you may disagree regarding what should happen during a divorce. Again, if you have children from a prior relationship, you could ensure that you retain certain assets to support them if the marriage ends.
In summary, those with substantial assets often use these agreements to protect what they have. However, depending on your circumstances, a pre- or postnuptial contract may be a good idea even if your assets are more modest. The less you have, the less you can afford to lose in case of a divorce.
What Goes into Prenuptial and Postnuptial Agreements?
Find Out What Prenuptial and Postnuptial Agreements Entail
A couple’s finances rarely include just assets and wealth. Often, one or both have debts, from credit cards to business loans, car loans, student loans, mortgages, etc. An agreement can spell out who is responsible for what debt in case of a divorce, including:
- Each party’s rights concerning property owned by either of them
- What happens to the property if there’s a separation, divorce, or one party dies
- Whether one will receive maintenance after a divorce
- Whether one or both are required to create a will, trust, or other arrangements to fulfill the agreement’s obligations
- Whether each party will receive the death benefit from the other’s life insurance policy
- Any other issues the parties want to cover, as long as the agreement complies with state law.
Consulting with a knowledgeable family attorney will ensure these agreements are tailored to meet your unique circumstances.
Considerations for Prenuptial and Postnuptial Agreements
Discover The Factors Influencing Prenuptial and Postnuptial Agreements
Ensuring validity and fairness is crucial when it comes to prenuptial and postnuptial agreements. Here are some key considerations to ensure the contract is valid and fair:
Voluntary Signing
Just because the parties make a written agreement doesn’t mean it’s enforceable under state law. It must be in writing and signed by both parties to be valid. Also, both sides should be represented by their own attorneys during negotiations and when the agreements are drafted.
Meanwhile, an agreement may be invalidated if one spouse didn’t sign it voluntarily – if they signed because of pressure to do so. because of physical threats or was extorted into signing. However, a threat to call off the marriage won’t be enough. There needs to be an actual apprehension of physical or psychological harm to render the agreement invalid. The closer the signing date is to the wedding date, the easier it will be to convince the court that someone signed under pressure.
Clarity of Language
As with all contracts, judges are typically not eager to void pre- and postnuptial agreements. However, a judge may review other documents if the language isn’t clear and the parties disagree over the obligations and rights created by the agreement. They may also examine other documents or testimony to determine what the parties intended.
Fairness
Another ground for not enforcing the agreement is that it was unconscionable when it was signed. This means it was so unfair that it would be unjust to enforce it. However, the agreement’s provisions would have to be extreme and one-sided for it to be unconscionable.
Contact Our Family Lawyers for Your Prenuptial and Postnuptial Agreements
Get The Legal Support You Need at Your Fingertips
Are you married or planning on marrying? Do you think a pre- or postnuptial agreement is worth considering? Then reach out to our legal team today. We’ll discuss your concerns and confidentiality during a consultation.
At Church Langdon Lopp Banet LLC, we understand the importance of safeguarding your future and assets. We’ll help you clarify the complexities of prenuptial and postnuptial agreements effectively.
Discuss your concerns and explore your options with our knowledgeable family lawyers today. Contact us now at (812) 725-8226 to get started.
Attorney Dana Eberle
Dana is a native of Southern Indiana and is deeply devoted to Kentuckiana. After spending most of her life in Floyds Knobs, she has also lived in Greenville, New Albany, and Georgetown. Allowing Dana to become familiar with every town of Floyd County. She oversees the Family Law practice area for CLLB, and she firmly believes that helping families is her destiny. [ Attorney Bio ]