Ready to create your prenuptial agreement? Reach out to an Indiana family law attorney for personalized guidance.
Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in Indiana
- Both parties must voluntarily sign the agreement in writing.
- The agreement must be signed by both parties, and it is strongly recommended to have it notarized (though not required by Indiana law).
- Full and fair disclosure of assets, debts, and income is necessary for enforceability.
- The agreement must be fair and not unconscionable at the time of enforcement; courts may review for fairness.
- Both parties should have the opportunity to consult with independent legal counsel (waiving this right can weaken enforceability).
How to set up a Prenuptial Agreement in Indiana
- Discuss openly with your partner: talk about assets, debts, and future financial goals to ensure mutual understanding.
- Gather financial documents: list all properties, investments, retirement accounts, debts, and income sources for full disclosure.
- Draft the agreement: you can use a prenup template or hire a family law attorney to create a tailored contract that meets Indiana requirements.
- Review with separate attorneys: each of you should have your own lawyer review the agreement to ensure your interests are protected.
- Sign and notarize: sign the agreement in the presence of a notary public to add an extra layer of authenticity (recommended).
- Keep it safe: store the signed original in a secure place, and consider giving copies to your attorneys.
How much it costs
The cost of a prenuptial agreement in Indiana varies widely. If you use a prenup template, it can be as low as $100, but having an attorney draft a custom agreement typically ranges from $1,500 to $5,000. If both parties hire lawyers for review, costs increase but so does enforceability.
Prenuptial Agreement Checklist for Indiana
Before you begin drafting your prenuptial agreement in Indiana, gather the necessary documents and understand the legal requirements to ensure your agreement is enforceable.
- Know the basics: Indiana courts enforce prenups if they're in writing, signed by both parties, and agreed to voluntarily with full financial disclosure.
- Gather financial documents: recent tax returns, bank statements, investment accounts, real estate deeds, retirement account statements, and outstanding debts for both spouses.
- Disclose all assets and liabilities: failure to fully and fairly disclose financial information can invalidate the agreement, so be thorough.
- Consider separate counsel: each spouse should ideally have their own attorney; the court may scrutinize the agreement if it's unconscionable or one party wasn't represented.
- Plan for execution: sign the agreement before the marriage ceremony, and have it notarized (not required by law, but recommended for authenticity).
- Understand what you can't include: avoid provisions regarding child custody, child support, or personal matters like household chores—these are not enforceable.
- Store the original: keep the signed original in a safe place, and consider filing a copy with your attorney or in a safety deposit box.
Questions people ask
Are prenuptial agreements legal in Indiana?
Yes, prenuptial agreements are legally recognized in Indiana when executed properly, with full disclosure and voluntary signing.
Do I need a lawyer for a prenup in Indiana?
It's not legally required, but having a prenup lawyer for each party is highly recommended. It ensures fairness and helps avoid challenges later.
Can a prenup be thrown out in Indiana?
Yes, a court may invalidate a prenup if it was signed under duress, fraud, or if it's unconscionable. Proper disclosure and voluntary signing are key.
What should be included in an Indiana prenup?
Common provisions include division of property, spousal support (alimony), and handling of debts. It cannot determine child custody or child support matters.