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Indiana Postnuptial Agreement

An Indiana postnuptial agreement is a contract between spouses that sets the terms for distributing marital property if their marriage ends in death or divorce. Postnuptial agreements are signed after a couple has already married, sometimes years later.
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Signing Requirements

Settlement agreements must be in writing but do not have to be signed by both parties.[1] Reconciliation agreements should be in writing, but it is unclear whether both parties must sign them.

Laws

Reconciliation v. separation: An agreement would qualify as a reconciliation agreement if executed to preserve and extend a marriage instead of negotiating the end of a marriage.[2]
Validity: To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to provisions for:[3]

(1) the maintenance of either of the parties;
(2) the disposition of any property owned by either or both of the parties;
(3) the custody and support of the children of the parties; and
(4) the relocation of the children of the parties.

Enforceability: Reconciliation agreements are binding so long as they are entered into freely and without fraud, duress, or misrepresentation, and are not, under the circumstances, unconscionable.[4]