Marriage contracts can be revoked or amended after a marriage if both parties agree and submit a new document. A marriage contract is a contract that is concluded between two people before marriage. Typically, these agreements determine how money and property acquired during the marriage is classified (i.e., As common property or as property separated from each spouse) and identify the property that each spouse brings into the marriage. Although often discussed in the context of divorce, a prenuptial agreement can also describe the responsibilities and rights of each spouse during marriage. If you`ve already been married, you may want to disconnect some items from your new connection. A prenuptial agreement is a great way to do this. If you`ve decided to postpone your marriage until you`ve been able to establish your career, you may also have accumulated a lot of wealth and may want to have a prenuptial agreement to get the emergency penny you built. It is important that if you plan to draft or sign a marriage contract, consult a lawyer. Our family law attorneys in Indianapolis can review the agreement with you and address any concerns you may have regarding the language of the contract. An experienced marriage lawyer can also help you negotiate all the points of the agreement that you would have liked to change. The execution of a marriage contract helps both parties in the event of divorce or death. It can streamline the process and help avoid litigation.
However, a prenuptial agreement cannot be used to determine custody or child support, which can be controversial in a divorce. In the event that you or your partner have been forced to sign the marriage contract, it is important to know that a court will automatically reject the contract if it is proven. There are different forms of coercion. A spouse may receive threats, blackmail or simply pressure to sign the agreement. One of the most common forms of pressure to sign a marriage is when you and/or your spouse felt rushed to sign the agreement well before the wedding. Avoid this time pressure; Complete the marriage contract well in advance of the wedding date. They need a clear and concise marriage contract, with no room for misinterpretation. Cohen Garelick & Glazier`s family law team provides services, including the preparation and review of prenuptial agreements. Your prenuptial agreement lists each of the assets you and your potential new spouse have before you get married. This agreement will decide which of these assets will be pooled for co-ownership, if any.
It will also determine how to deal with property acquired after marriage by donation, inheritance and efforts of one or both parties. Then, in the event of dissolution or death, it would indicate which property would be subject to division. Having a conversation with your potential spouse about a prenuptial agreement doesn`t have to be an uncomfortable situation. Open communication is a good foundation for a strong marriage. If you have any questions about how a marriage or post-marriage contract can benefit you, contact our Indiana family law attorneys. It is important to work together with the help of experienced lawyers to create a fair and impartial marriage contract. An experienced lawyer will know what to include in the marriage contract and not include, so that he not only represents both parties fairly, but also respects the law. If this agreement contains scandalous provisions that favour one party, this may discredit the whole agreement. Here are common examples of scandalous provisions: Another option is a post-marriage contract, which can be entered into after marriage and can have a similar effect to a marriage contract – to keep certain assets out of the marital estate or to determine the division of property acquired during the marriage.
In Indiana, marriage contracts are called “prenuptial contracts.” These types of contracts are defined by Indiana law as an agreement that “is signed in return for the marriage and becomes effective with the marriage.” To be valid, a prenuptial agreement must be in writing and signed by both parties; However, unlike other contracts, no consideration is required. Don`t try to sign a prenuptial agreement without the help of an experienced and professional attorney who is familiar with Indiana`s specific divorce laws. In the event that you sign an agreement without the presence of a lawyer, you can be sure to have an invalid agreement if a divorce takes place. In addition, when obtaining legal representation, it should be noted that both parties need their own lawyer to represent them at the time of signing the agreement. Many couples struggle with the idea of a marriage contract, and that`s understandable. Prenuptial agreements are often seen as an indicator that the partner requesting the agreement is not so tied to the relationship and ultimately expects a divorce. Marriage contracts are also often seen as a sign of greed. This can mean a reluctance to share a busy life with each other, which is considered contrary to the central belief of marriage.
It is important to read current laws, but legal language can be difficult for most people to understand because it is written in legal jargon. For this reason, it may be useful to also read an overview of the statutes. The following table provides an overview of Indiana`s marriage contract laws and links to relevant regulations. The best way to protect your rights in a marriage or post-marriage contract is to speak to a competent family law lawyer. Ideally, your marriage will last a lifetime, but entering into a marriage or post-marriage contract with a spouse is one way to protect your rights in the event of a marriage breakdown. These agreements can be annulled by the courts if they are not properly executed. An experienced family law attorney in Indiana will help you draft a binding agreement that can protect your rights. Contact us today to learn more about how a marriage or post-marriage contract can help you. The validity of your marriage contract depends on the language used in the contract. You cannot expect the court to apply a particular provision if it is not clear. An experienced lawyer can create a marriage contract with the right terminology. This ensures that the marriage contract is as accurate and precise as possible.
When a spouse requests the dissolution of marriage, the matrimonial pool of assets and debts is divided between the two parties and appropriate arrangements such as custody, child support and parental plans are developed to protect all children from marriage. .