Updated May 17, 2023
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An Indiana prenuptial agreement, referred to in the Indiana Code as a “premarital agreement,” is a legal contract between two potential spouses who would like to clearly delineate the management of their collective and individual assets and debts. The document is drafted prior to marriage, listing the assets, property, financial accounts, and businesses of each party. It will relay how these assets are to be managed throughout the marriage, what will come of assets gained during this time, and the division of all property in the case of death or divorce.
Signing Requirements (§ 31-11-3-4) – The signatures of both spouses are required for the contract to be enforceable.
Laws
- 31-11-3-1 – Applicability of chapter
- 31-11-3-2 – “Premarital agreement” defined
- 31-11-3-3 – “Property” defined
- 31-11-3-4 – Agreement must be in writing; consideration not required
- 31-11-3-5 – Content; child support unaffected
- 31-11-3-6 – Effective date
- 31-11-3-7 – Amendment or revocation must be in writing; consideration not required
- 31-11-3-8 – Enforceability of agreement
- 31-11-3-9 – Effect of void marriage
- 31-11-3-10 – Tolling of statute of limitations during marriage; equitable defenses