What can you put in a prenuptial agreement?

On Behalf of | Nov 15, 2023 | Prenup Agreements

Planning a wedding is an exciting time for couples. There are so many details to take care of, from picking a venue to deciding on invitations.

During this time, it’s important to remember that the wedding is just one day out of a marriage. And, while it doesn’t seem romantic, having a prenuptial agreement ensures partners are on the same page regarding roles, responsibilities and assets.

Why are prenuptials becoming more common?

In times past, most people thought prenuptial agreements were only for the wealthy. However, they are becoming increasingly popular among a broader demographic, particularly millennials. There are a few reasons for this, such as removing the stigma that a prenuptial agreement is essentially planning for a divorce. Now, they are seen as sensible.

People are starting to get married later in life and are coming into the marriage with significant assets or debts. A prenuptial agreement can protect each party’s financial interests by ensuring that those stay separate in the event of a divorce. Furthermore, for second or third marriages, prenuptial agreements can provide financial security for the children of previous relationships.

In Indiana, prenuptial agreements are referred to as premarital agreements. They can address issues such as:

  • How would property be handled in the event of divorce, legal separation, or death
  • Rights and responsibilities regarding separate and marital property
  • Spousal support
  • Wills and trusts
  • Other items that are not illegal under state and federal law

Child custody issues and child support can not be part of a premarital agreement.

To be enforceable under Indiana law, the agreement must be in writing and signed by both spouses. Furthermore, it can’t be changed or revoked without both party’s written agreement. Learning more can help you make one that will prove effective if you ever need to call on it.