Decades ago, prenuptial agreements were frowned upon as unromantic, pessimistic and even cynical. But, over the years, these contracts have proven to be very beneficial in many ways. Yes, prenups do help parties with significant assets safeguard their wealth. If divorce comes, parties with valid prenups are protected. But having a prenup also relieves financial pressures that could prompt a divorce. Parties have greater peace of mind, so they can focus on other areas of concern. If you are planning to get married, it’s worth your time to investigate whether a prenuptial agreement is right for you. At Patterson Law LLC in Fort Wayne, an accomplished family law attorney is ready to provide the reliable guidance you need.
A prenuptial agreement is a contract between two parties who are contemplating marriage. Indiana’s Uniform Premarital Agreement Act allows prenups to cover a variety of topics, such as:
The law allows parties to include “Any other matter that isn’t in violation of public policy or criminal law.” Couples cannot enter into an agreement that denies appropriate child support for children of the marriage, because child support is the right of the child, not the parents.
A prenuptial agreement should follow the form of any contract. Lawyers break contracts down into offer, acceptance and consideration. Simply put, the draft of the document represents an offer, signing the document signifies acceptance, and going through with the marriage provides consideration to make the contract enforceable. But when a party challenges the prenup in court, Indiana law points to two factors a judge must consider:
To avoid these problems, each party should retain a knowledgeable family law attorney to negotiate the prenup well in advance of the wedding.
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