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Prenuptial or antenuptial agreements are legally binding contracts made by individuals planning to marry. These agreements aim to establish the distribution of property rights during the marriage and in the event of marriage termination, either through death or dissolution. Indiana law tends to favor such agreements. Typically, these agreements must be documented in writing, provide a comprehensive disclosure of all assets before marriage, and carry the signatures of both spouses. It is generally advisable to negotiate and formalize prenuptial agreements well ahead of the planned wedding date, with each party having independent legal representation.
Because a prenuptial agreement allows parties to a marriage to define their respective property rights in the event their marriage ends in divorce, this will generally minimize the cost and length of time a divorce action takes. In the event a marriage ends in divorce, this allows the parties to a marriage to ensure their assets are divided consistent with their wishes.
A postnuptial agreement, sometimes referred to as a reconciliation agreement, is a document in which parties to a marriage determine their property interests in the event of death or divorce after they are already married. A postnuptial agreement requires that the parties either forgo filing a petition for dissolution or dismiss a pending petition for dissolution in exchange for entering into the agreement.
The attorneys at Langer & Langer have extensive experience in all aspects of family law, including preparing prenuptial and postnuptial agreements. They also have extensive experience litigating issues surrounding these agreements when a party raises questions surrounding their validity during the course of divorce proceedings. This gives our attorneys hands-on experience to draw from when drafting these agreements to make them as strong and enforceable as possible.
To learn more, contact our office in Valparaiso. You can get started by filling out our online contact form or by calling 219-464-3246.
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