The Most Important Clauses to Include in an Indiana Prenuptial Agreement

Planning a wedding is full of exciting moments, but have you considered how to protect your future together? While it’s not the most romantic topic, creating a prenuptial agreement can help couples build a strong foundation by addressing financial matters openly. Even with the best intentions, some marriages face unexpected challenges and divorce. By establishing clear agreements about finances, property, and responsibilities, you and your partner can focus on your relationship without the uncertainty of what-ifs.

This guide explores the clauses Indiana prenuptial agreements can include to help ensure fairness and peace of mind for both parties.

What Is an Indiana Prenuptial Agreement?

A prenuptial agreement, often called a "prenup," is a legally binding document that helps couples define their financial rights and obligations before marriage. The Indiana Uniform Premarital Agreement Act (IUPAA) governs prenups. It provides clear guidelines on how these agreements can protect both parties.

Under Indiana prenup laws, agreements must be:

• Written and signed by both parties,

• Entered into voluntarily and without coercion, and

• Consistent with public policy and not unconscionable at the time of signing.

The agreement becomes effective upon marriage. It addresses issues like property division, debt responsibility, and spousal support in the event of divorce or death.

Consider These Clauses for a Prenup—Indiana

To ensure your prenup in Indiana is thorough and enforceable, consider including the following essential clauses.

Asset Division

This clause outlines how assets owned by each spouse before and during the marriage will be divided in case of divorce. It is important to remember to address growth on assets, and not just their current value. It can protect premarital assets, family heirlooms, and future inheritances. For example, you may include whether premarital property will remain separate or how to divide jointly acquired assets.

Debt Allocation

Indiana courts may require both parties to share marital debts unless otherwise specified in a prenup. Include a clause defining responsibility for debts such as student loans, credit cards, or mortgages. This is especially important if one partner has significantly more debt than the other.

Spousal Maintenance (Alimony)

Prenuptial agreements can include provisions for modifying or waiving spousal maintenance. However, Indiana courts may override these terms if enforcing them would cause extreme hardship to one party due to unforeseen circumstances.

Business Interests

If either spouse owns a business, the prenup should specify whether the business will remain separate or be subject to division. This clause can also protect future income or growth of the business from becoming marital property.

Inheritance Rights and Estate Planning

Including estate planning terms can clarify the distribution of assets upon death. For instance, you might address whether the surviving spouse will inherit certain property or whether the terms of a will or trust will take precedence.

Dispute Resolution

While not legally required, specifying how disputes will be resolved (e.g., through mediation or arbitration) can help avoid costly litigation later.

Note that a pre- or postnuptial agreement cannot address child support or custody.

How to Get a Prenup in Indiana

Can you write your own prenup in Indiana? The answer is technically yes. However, drafting an enforceable prenup requires knowledge of state law and meticulous attention to detail. Working with an experienced family law attorney can avoid costly mistakes.

To create an enforceable prenuptial agreement, follow these steps before marriage:

• Consult with attorneys. Each party should consult with independent legal representation to ensure fairness and avoid claims of undue influence. This should be done well before your intended wedding date.

• Exchange financial disclosures. Both parties must fully disclose their assets and liabilities. Hiding financial information could invalidate the prenup.

• Draft and review. Work with your attorneys to draft and revise the agreement, ensuring it reflects all the agreed-upon terms and complies with Indiana prenup laws.

• Sign and notarize. While notarization isn’t required, it’s a best practice to strengthen the agreement's validity. Indiana law warns against signing your prenup too close to day and time of your wedding, so leaving yourself time to sign in the days prior.

If you are already married, you would use a postnuptial agreement. You can accomplish many of the same objectives in a postnuptial agreement as a prenuptial one.

Why Work with Church Church Hittle and Antrim?

Creating a prenuptial agreement that protects your interests and aligns with Indiana prenup laws requires more than a basic template—it requires the experience of a dedicated legal team. At Church Church Hittle and Antrim (CCHA Law), we bring over 130 years of trusted service to clients across Indiana. Our family law attorneys handle cases throughout Central Indiana, including Indianapolis, Noblesville, Westfield, Carmel, Fishers, Zionsville, and Whitestown. Our team of skilled attorneys offers the expertise and personalized attention your case deserves.

Recognized for our commitment to excellence, CCHA Law has earned accolades for legal innovation and community engagement. Our family law team understands the unique challenges couples face and works closely with you to draft agreements that reflect your goals and values. Whether you’re preparing for marriage or navigating other family law matters, we’re here to guide you every step of the way. Contact CCHA Law today so we can help you lay the groundwork for a secure and prosperous future.