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Pre-marital Agreements

What are they?

In some instances, individuals seeking to marry will enter into premarital agreements that stipulate the division of assets in the event that a divorce proceeding would be instituted.  Courts in Indiana will give heavy consideration to these agreements.

To be considered valid, the agreements must meet the following criteria:

  1. The pre-marital agreement must be in writing
  2. The pre-marital agreement must be signed by both parties
  3. The pre-marital agreement must be signed voluntarily
  4. The agreement cannot be so one sided as to be considered unconscionable when it was signed.

Premarital agreements can be revoked or amended after marriage if both parties voluntarily agree and reduce their changes to writing.

Family Law Articles