Navigating Prenuptial Agreements in Indiana

Planning your wedding is a whirlwind of excitement. However, statistics show that the divorce rate in the US has increased since 2022.

An Indiana prenuptial agreement—also known as a premarital agreement, or prenup for short—is a legal document couples create before marriage to outline how property and debts will be divided if they divorce. The contract can also safeguard separate assets like inheritances.

It’s a smart way for couples to protect their assets, have open conversations about finances, and strengthen their relationship.

Today, we’ll present an overview of Indiana prenup law, what you can include, and the benefits of having a prenup.

We’ll also discuss why partnering with an Indiana family law attorney, like those at Eskew Law, can significantly aid you in creating a legally sound document that reflects your wishes and protects your interests.

If you have questions, please contact us today.

Overview of the Indiana Prenuptial Agreement Law

What Can Be Included in an Indiana Prenuptial Agreement?

Is a Premarital Agreement Right for You?

Benefits of an Indiana Prenuptial Agreement

Don’t Settle for a Generic Prenup – Protect Your Interests with Eskew Law.

Frequently Asked Questions About Indiana Prenuptial Agreements

How Much Does an Indiana Prenuptial Agreement Cost?

When Does a Prenup Become Effective?

Can a Premarital Agreement Be Changed After Getting Married?

What If My Partner Refuses to Sign a Prenup?

Overview of the Indiana Prenuptial Agreement Law

Indiana recognizes and enforces prenuptial agreements under the Uniform Premarital Agreement Act (UPAA), which sets guidelines for these contracts.

Under this law, specific requirements must be met for a premarital agreement to be considered valid, including:

Written agreement—the prenup must be in writing and signed by both parties;
Full disclosure—both spouses must disclose their financial information honestly and completely;
Voluntary signing—there should be no pressure or coercion to sign the document;
Independent counsel—while not mandatory, it’s highly recommended that each spouse have their own attorney review the document; and
Reasonable timing—to avoid accusations of undue pressure, the agreement should be signed well before the wedding.

Give yourself plenty of time to contemplate the provisions before signing. Seeking legal advice is necessary to ensure your Indiana prenup meets legal standards and is, therefore, enforceable.

What Can Be Included in an Indiana Prenuptial Agreement?

An Indiana prenup can address a variety of financial matters, including:

Division of property—this specifies how the court should divide separate and marital property in the event of a divorce;
Spousal support—the document can limit or waive spousal support (alimony) under certain conditions;
Debt allocation—the prenup can outline how you wish to handle premarital and marital debts;
Inheritance rights—the agreement can protect inheritance rights from a previous marriage; and
Business ownership—if one spouse owns a business, the prenup can determine how the court should split the business during a divorce.

Child support and child custody cannot be predetermined in a prenup. The court always makes these decisions based on state law and what is in the best interest of the child.

Is a Premarital Agreement Right for You?

While often associated with celebrities and wealthy couples, prenuptial agreements can benefit a wide range of individuals entering marriage. Here are some key factors to consider when deciding if a prenup is right for you:

Pre-existing assets and debts. Do you or your partner own significant assets—like real estate, a business, or investments—or have substantial student loans or other debts? A prenup can clarify the ownership and division of these assets and debts in the event of a divorce.
Family dynamics. Do you or your partner have children from a previous marriage? A prenup can protect inheritances or assets intended for these children.
Financial disparity. Is there a significant difference in income or wealth between you and your partner? A prenup can address potential concerns about future financial security and clarify spousal support (alimony) arrangements.

Note: Indiana laws do not provide for Alimony. Spousal support is the legal term used in Indiana Law for a Court order requiring one spouse to pay support to another after a divorce. Spousal support orders are only awarded in limited circumstances, and depending on the situation, are limited in their duration.

Financial dependence. Will one spouse financially depend on the other during the marriage? A prenup can establish expectations regarding financial contributions and responsibilities.
Estate planning integration. A prenup can complement existing wills and trusts to help uphold your wishes regarding asset distribution in the event of a divorce.

Ultimately, the decision to create a prenuptial agreement is a personal one.

Benefits of an Indiana Prenuptial Agreement

While some might view prenups as unpleasant, they offer a surprising array of benefits that can strengthen your relationship.

Strengthens your relationship—talking openly about finances through a prenup can foster trust and understanding;
Protects your assets—a prenup safeguards premarital assets like inheritances or investments; and
Reduces conflict later—a clear roadmap for property division minimizes emotional turmoil during a difficult time.

A prenup allows you to proactively address financial concerns and protect personal interests as you embark on your married life together.

Don’t Settle for a Generic Prenup – Protect Your Interests with Eskew Law.

An Indiana prenuptial agreement attorney can ensure the document meets legal standards, safeguards your interests, and is drafted for maximum enforceability. Let’s look at why Eskew Law stands out as the ideal partner for navigating Indiana prenups.

Indiana expertise. Our attorneys stay current on the latest developments in Indiana premarital agreement laws. This ensures your document adheres to all legal requirements and maximizes its effectiveness.
Decades of experience. Our seasoned family law attorneys possess extensive experience crafting ironclad agreements. We understand the intricacies of Indiana marital and family law, and we know how to ensure your prenup is enforceable in court.
Success-driven approach. We have a proven track record of successfully guiding couples through negotiation. Our careful focus on details and thorough understanding of Indiana law has led to successful results for many clients.
Client-centered focus. We understand the sensitive nature of prenups, so we use an approachable and communicative style that fosters a collaborative environment. We prioritize your unique needs and goals, tailoring the document to reflect your specific circumstances.

With us, you get more than just legal expertise. You get a trusted advisor who will carefully craft a document that protects your interests and provides peace of mind, allowing you to confidently embark on your marriage.

Frequently Asked Questions About Indiana Prenuptial Agreements

How Much Does an Indiana Prenuptial Agreement Cost?

The cost of a prenup can vary depending on the agreement’s complexity and the attorney’s experience.

When Does a Prenup Become Effective?

In Indiana, a premarital agreement is effective upon marriage.

Can a Premarital Agreement Be Changed After Getting Married?

Yes, with the written consent of both spouses, a prenup agreement can be modified after marriage.

What If My Partner Refuses to Sign a Prenup?

A premarital agreement cannot be forced. Open communication and understanding are key.