Indiana Prenuptial Agreement Template
Marriage contracts are used to protect a couple`s financial and property rights if they ever divorce. This implies that even if a will exists, a marriage contract can clarify and reinforce expectations in order to avoid costly litigation that ends up devouring the estate. While there are fewer formal requirements for marriage contracts established in the state of Alabama than in other states, it is best to sign the marriage contract in front of your own attorney and get your attorney a certificate of independent legal advice. If not, you should consider presenting a notary or signing the document in front of at least one or two witnesses. While marriage contracts can cover a large number of issues, the best way to ensure that this is valid and enforceable is to consult a lawyer before executing it. If you`re interested in designing or verifying a marriage contract in Indiana, it`s best to speak to an experienced family law attorney in the state. The Pre-Marital Treaty Uniform Act, drafted in 1983 by the National Conference of Commissioners on Uniform State Law, promotes the application of marriage contracts. The UPAA`s precise standards differ from state to state, as do other divorce laws. Below are the statutes of the State of Indiana with respect to pre-marital and matrimonial agreements and how they are considered and enforced by the Indiana court. Indiana: CI 31-11-3 to CI 31-11-3-10IC 31-11-3 Chapter 3. Uniform premarital agreement ActIC 31-11-3-1 Applicability of chapter § 1. This Chapter applies to a pre-marital agreement concluded on or after 1 July 1995. IC 31-11-3-2 “Pre-Legal Convention” defines Article 2.
As used in this chapter, “pre-marital agreement” means an agreement between potential spouses that is concluded: (1) in the light of a marriage; and (2) takes effect with marriage. IC 31-11-3-3 “Ownership” defines Section 3. As used in this chapter, “ownership” refers to current or future participation, legal or cheap, an unwavering or conditional interest in real estate and personal property, including income and income. Agreement IC 31-11-3-4 must be in writing; against consideration not required§ 4. A pre-marital agreement must be signed in writing and signed by both parties. The agreement is enforceable without consideration. CI 31-11-3-5 Content; Family allowances without prejudice to Article 5. (a) The parties to a pre-marital agreement may conclude contracts between themselves on the following matters: 1. The rights and obligations of each of the parties to either of them, when and where they are acquired or resident. (2) The right to purchase (A); (B) for sale; (C) to be used; (D) exchange; (E) give up; (F) to do so; (G) to be consumed; (H) to consume; (I) to assign; (J) to create a right of safeguard; (K) mortgage; (L) the load; M) to get rid of; or N) manage and control other means; Property. (3) The Property Ordinance according to: (A) legal separation; (B) dissolution of marriage; (C) death; or (D) the occurrence or non-occurrence of another event.
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