Prenuptial and Postnuptial Agreements

What are they?

In some instances, individuals seeking to marry will enter into prenuptial (also called 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.

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

Postnuptial agreements are similar to prenuptial agreements, but these agreements are between parties who are already married to each other.

Meet the Indianapolis Attorneys at the Divorce Law Firm of Hollingsworth & Zivitz, PC

Contact the Indianapolis divorce attorneys at Hollingsworth & Zivitz, PC today to find out more about prenuptial and postnuptial agreements. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.