Both pre- and post-nuptial agreements have increasingly come into favor among many couples, particularly those who are waiting longer to marry (or are marrying later in life) or may have issues to resolve during the course of the union.
These are formal agreements that will be recognized by Indiana civil courts in the event of marriage dissolution – barring certain findings of impropriety at the time the agreements were signed.
For example, Indiana Code 31-11-3 addresses the enforceability of pre-nuptial agreements, stating the agreement isn’t enforceable if one party did not execute the agreement voluntarily, it was unconscionable when executed, provisions modify or eliminate spousal maintenance or cause one party to suffer extreme hardship under circumstances not reasonably foreseeable at the time of the agreement.
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