Love is a many splendored thing. Weddings honor that love and focus on the hopes and dreams of each couple. It can be easy during such a promising time to ignore or downplay the legal consequences that marriage imposes on property rights, but that may not be in your best interests. All marriages – yes, 100% of them – will end: Some by death, others by divorce. Premarital agreements (also called Prenuptial Agreements or Ante-nuptial Agreements) can promote marital bliss by allowing the couple to know in advance how their property and assets will be distributed when that end ultimately comes. Sometimes, extended family members worry that the marriage will impact family assets. A premarital agreement can reassure such family members that your marriage is really just about your love.
Prenuptial agreements are especially important for couples where at least one partner:
- Has property that is owned jointly with other family members or friends,
- Has a business, professional practice, or an athletic contract,
- Has children from a previous marriage, or
- Brings substantial assets into the marriage, especially assets that came from family members.
Our customized a premarital agreements often include terms that change over time. What feels fair after 20 years of marriage may be very different from what feels fair after just a few years.
There are two common types of post-nuptial agreements: premarital amendments and post-marital reconciliation agreements.
- Premarital Amendments. If the prenup you signed before marriage feels inappropriate now, it may be time to amend the document. Indiana law allows Premarital Agreements to be modified if the correct legal procedures are followed.
- Post-Nuptial Reconciliation Agreements. When financial differences threaten an existing marriage, a Post-Nuptial Reconciliation Agreement can give each spouse the security needed to forge ahead and repair the relationship.
How We Help
If you retain Bays Family Law to prepare a premarital/post-nuptial agreement, we will draft a legal document that is customized to your particular situation. If your fiancé has presented a prenup to you (or your spouse has a proposed post-nup), we can provide you with a legal analysis of the agreement, so that you understand what you may be forfeiting and have the opportunity to negotiate for equitable terms that protect what is most important for each of you.