What are the laws regarding prenuptial agreements?
In Indiana, prenuptial agreements are governed by the Indiana Code Title 31, Articles 1 and 2. A prenuptial agreement is a contract that is created between two people who plan to get married. This agreement will outline what each partner’s rights and responsibilities will be regarding their separate and joint property and assets, as well as the spousal support they will receive in the event of a divorce. For a prenuptial agreement to be valid in Indiana, it must be in writing and both parties must sign it before the marriage. The agreement must also be signed with the presence of a notary public or two witnesses. This agreement does not become valid until the couple’s actual marriage. It is important to note that in order for both parties to be legally bound to the agreement, there must be a full and complete disclosure of all assets owned by either person at the time the document is executed. In addition, for the agreement to be valid, it must be reasonable and take into consideration the fact that the marriage is a lifelong commitment. A court may invalidate an agreement if it is found to be unfair or unjust. It is important to consult a lawyer when creating a prenuptial agreement. By doing so, the agreement can be customized to the couple’s specific needs and circumstances, and can help to protect each person’s financial interests.
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