Considering a Prenup?
What is a prenuptial or a premarital agreement? The purpose of a premarital agreement or a "prenup" is to determine, prior to marriage, what each spouse wishes to maintain as non-marital property in case of death, disability or divorce. When a husband or wife each have children from a prior relationship, such agreement can help preserve your children's future inheritance, in the event that you do not outlive your new spouse. Without such an agreement, its possible that our new spouse would simply leave everything to her children, thereby depriving you and your family of what you've worked so hard for.
Indiana courts uphold premarital agreements as long as there has been careful planning as well as full disclosure of each party’s assets and liabilities. The agreement should not be signed absent a full understanding by both parties of all of their legal rights as well as the effect the agreement will have upon those rights. These agreements must be signed without fraud and duress and must be executed within a reasonable time prior to the marriage taking place. Although most engagements don't start with a discussion of a prenuptial agreement, knowing your rights and protecting your children is an important discussion to have with your lawyer.