What Is an Indiana Prenuptial Agreement?
A prenuptial agreement in Indiana is a legally binding document between a couple. The form establishes how the couple plans to distribute property and assets if the marriage ends. Both parties must sign the agreement before the wedding, and it takes effect on the marriage date.
Indiana is an equitable distribution state. This means the courts will divide marital property acquired by the parties in a way that the judge considers fair. A prenup allows you and your spouse to establish how you want to divide your property if the marriage ends, rather than going through divorce court or probate.
How to Write a Prenuptial Agreement in Indiana
Follow these steps to build an Indiana prenuptial agreement that meets all legal requirements.
- Enter Each Partner’s Details: Include both spouses’ full names, addresses, and background information. You should list whether each spouse has been married before, if they had any children, and how many. If you and your future spouse already have children together, list them as well.
- Add Property and Financial Disclosures: Give documentation for each party’s separate property. Decide if you want property to be kept separate, shared as marital property, or shared with some exceptions. Plan how to treat property acquired during the marriage and how you will divide it in the event of a divorce.
- Consider Dividing Your Business Assets: If you or your spouse owns a business before or during the marriage, decide how you want the business value divided. For existing businesses, you may consider dividing only the increase in business value during the marriage.
- Choose How You Want to Treat Debts and Taxes: Include financial disclosures outlining all debts you and your spouse are bringing to the marriage. Determine whether existing debt will become part of your joint marital debt or remain the original person’s responsibility. Then decide how you will divide marital debt in the event of a divorce. Choose whether you plan to file taxes jointly or separately.
- Divide the House Value and Household Costs: Establish how you will divide your marital home if your marriage ends. Consider how you will divide household expenses during the marriage.
- Consider Alimony: Determine whether you or your spouse will receive spousal support in a divorce. You may waive the right to alimony here. If you include spousal support in the prenup, list the amount to be paid, payment frequency, and duration.
- Add Final Details: Consider other factors in your specific situation, and add clauses as needed. You may include provisions for spousal support in the event of disability or death, terms for dispute resolution, or detailed financial disclosures.
- Determine Governing State Laws: Indicate the state and country where each spouse will sign. Decide which state’s laws will govern the agreement.
- Print, Sign, and Date: Both parties must sign the document. In Indiana, you don’t need a notary to witness the agreement.
Sample Indiana Prenuptial Agreement
Below, you can view a sample Indiana prenuptial agreement. You can customize this template to meet your needs and then download it in PDF or Word format.
Legal Requirements in Indiana
Indiana Code § 31-11-3, the Uniform Premarital Agreement Act, permits couples to create written provisions for the disposition of property, division of assets, spousal maintenance, and child support.
You may also incorporate these provisions into a postnuptial agreement after the wedding or a divorce agreement during the dissolution process. The court may approve these provisions or modify them to ensure equitable terms.
Signing
Both parties must sign the Indiana prenuptial agreement form before the wedding for it to take effect upon marriage. You do not need a notary acknowledgement for a standard prenup. However, you may need notarization if the agreement transfers property. A notary acknowledgement also strengthens the agreement in case of a future dispute.
Excluded Terms
A premarital agreement in Indiana cannot negatively affect child support nor can it violate public policy or criminal law, per IN Code § 31-11-3-5. The document is also unenforceable, according to IN Code § 31-11-3-8, if either partner signed under duress or a judge finds the terms unconscionable.
The court may also modify the agreement if the terms modify or eliminate spousal maintenance in a way that puts the receiving spouse under extreme hardship.
Revocation or Amendment
The parties may sign a written agreement after marriage to amend or revoke the prenup.
