CCHA Law’s Jenni Hughes Discusses Prenuptial Agreements
POST DATE: 11.9.23
Jenni Hughes, Family Law attorney at CCHA Law, recently sat down with WTHR’s Allison Gormly to discuss prenuptial agreements and what couples should know when considering a prenuptial agreement. If you missed it, be sure to tune in here. They discuss how Jenni sees double or triple the number of prenups compared to a decade ago and why couples may need prenuptial agreements.
Jenni started off by explaining what a prenuptial agreement is. "A prenup is a contract. It's two people negotiating and bargaining for how they want property to be treated in the event of death or divorce," she informed Gormly.
She primarily sees couples entering second marriages who are seeking a prenuptial agreement to protect or carve out property for children from prior relationships. In addition, parties who may anticipate receiving an inheritance or an interest in a family business often seek a prenuptial agreement. In Indiana, when a couple enters marriage, all assets, debts, and properties are included in the couples’ “marital estate.” Jenni says that at the time of divorce, "they're going to look at what assets, what liabilities, what property exists on the day somebody files for divorce, not necessarily what existed prior to marriage."
Jenni finds that popular topics of interest around prenuptial agreements include how to define separate property vs. marital property, fidelity clauses, and sunset clauses.
She shared tips with Allison about approaching prenuptial agreements in her interview:
If you're having a prenup with someone and you know the person you're marrying has student loans, and you don't want to be responsible for those in the event of death or divorce, it's a good idea to include those student loans.
If you are considering an agreement, giving the other person time to get their own representation is vital.
Watch the full interview here.
CCHA Law is here to help.
Jenni and CCHA Law’s Family Law practice group are here to help if you or a loved one need assistance with prenuptial agreements. For expertise you can rely on, contact CCHA Law at any of our Indiana officers in Crown Point, Fishers, Fort Wayne, Noblesville, Tipton, Westfield, and Zionsville.
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