A prenuptial agreement can provide peace of mind and financial clarity before marriage. In Indiana, these agreements, often called “prenups,” must meet certain requirements to be enforceable. Understanding these requirements is important to ensure the document is valid and protects both parties.
Both parties must enter the agreement voluntarily
For a prenuptial agreement to hold up in court, both individuals must sign it willingly. Any evidence of pressure, coercion, or threats can invalidate the agreement. Each person must have time to review the terms and fully understand the implications of signing the document.
There must be full financial disclosure
Transparency is key when creating a valid prenuptial agreement. Both individuals must provide a complete and honest disclosure of their financial situation, including assets, debts, income, and liabilities. Omitting or misrepresenting financial information could make the agreement unenforceable.
The terms must be fair and reasonable
While prenuptial agreements allow couples to decide how to handle financial matters, the terms must not be so one-sided that they create an unfair advantage for one party. Indiana courts are more likely to uphold agreements that are equitable and address each party’s needs.
The agreement must be in writing and signed
Indiana law requires prenuptial agreements to be in writing and signed by both parties before the wedding. Verbal agreements or unsigned documents will not be considered valid in court.
Do not include specific topics
Prenuptial agreements in Indiana cannot address issues like child custody or child support, as these are determined by the court based on the child’s best interests. Attempting to include such provisions could lead to challenges to the agreement’s validity.
Prenuptial agreements are an important tool for couples who want to establish financial boundaries and responsibilities before marriage. Ensuring the agreement meets Indiana’s legal standards can help avoid complications later.