Some Facts About Indiana’s Prenuptial Agreements?

Indiana law does have some limitations on prenuptial agreements, but the state does not prohibit most infidelity clauses. Therefore, you and your spouse may agree on numerous issues, such as the disposition of property, assets, and more, should you decide to end your marriage.

The court usually holds up these clauses if they are not unconscionable and all your and your spouse’s property, assets, and financial obligations are appropriately disclosed.

Essentially, if your premarital agreement (or prenup) isn’t unfair or one-sided, and both you and your spouse have all the financial and other information needed to make a rational and honest choice, the court will validate it.

That said, although this is a relatively new legal precedent in most states, you can agree that if one of you cheats on the other, you could be required to pay financial penalties or entirely lose your right to any property or assets previously discussed.

Like many legal agreements, not one size fits all, and there are positives and negatives to including an infidelity clause in your premarital agreement.

So, as with most divorce issues, your situation is unique, and all the ramifications of including an infidelity clause must be thoroughly discussed with your skilled, empathetic, and knowledgeable Indiana prenup lawyer.

That said, most infidelity clauses are designed to protect you financially if your spouse’s cheating is one of the leading causes of your divorce. Additionally, most infidelity clauses create a financial incentive that will deter your spouse from being unfaithful.

It would be best if you also considered that even discussing including an infidelity clause in your prenup provides you and your spouse with the opportunity to set ground rules and expectations for your marriage. Therefore, this can become a positive issue, quelling concerns while helping build a foundation for a happy marriage.

If My Spouse Cheats, Could Their Actions Void Our Prenup?

Ideally, you and your spouse should benefit from creating documents such as a prenup. The prenup can determine the rights both of you hold and what might constitute a reason to divorce. However, if one spouse significantly benefits from a prenup or infidelity clause, the court may determine that it’s unfair and void its provisions.

However, in most cases, cheating will not void a prenup unless there is a specific provision (such as an infidelity agreement) included in the document.

As stated, infidelity agreements are reasonably new to Indiana law and must be fair and reasonable to both parties to be enforceable.

For example, your prenup could detail and outline how property division might be altered if one spouse cheats, just as numerous prenups list what life changes could alter the agreement.

However, drafting a prenup, especially one with an infidelity agreement, can be a detailed and complicated legal task. If, for any reason, your prenuptial agreement is found invalid by the Indiana court, then both of you have wasted time, money, and energy creating a legal document that doesn’t help either of you.

Therefore, if you’re even considering drafting a prenup or including an infidelity clause, the professional, caring, and thoroughly knowledgeable guidance of a well-versed Indianapolis prenup lawyer is mandatory.

What Are Some Actions That Could Void a Prenup in Indiana?

Simply put, a prenuptial agreement is a contract that you and your spouse sign before marriage. Additionally, under current Indiana law, a prenuptial agreement can cover many issues; its main purpose is to establish the distribution of property should your marriage end in divorce.

That said, if a legal professional who drafted your prenup is knowledgeable in these legal documents, generally, an Indiana court will not invalidate the prenup unless it:

For example, regarding the first of these conditions, the Indiana court might rule the prenup (or infidelity agreement) invalid if one spouse was coerced into signing it. Or, they didn’t have time to let their lawyer read it and, therefore, weren’t aware of what they were agreeing to.

Regarding the second condition, let’s say some part of the prenup (or infidelity clause) violates specific principles of Indiana law. Then, the court could decide not to enforce the agreement, leading to an illegal or grossly unfair result.

In either situation, if you and your skilled prenup lawyer attempt to invalidate the prenuptial agreement (or any part of it), you must produce evidence convincing the court that the contract should not be enforced.

Remember that this can be a complex legal argument and is highly fact-based. Therefore, if you wish to discuss these issues, you must consult the matter thoroughly with a highly experienced prenup lawyer before considering presenting it to the court.

Some Things to Avoid In An Indiana Prenup.

Suppose you’re considering a prenuptial agreement in Indiana. In that case, it’s vital to be aware of some potential red flags that could invalidate or create legal issues with your prenup when needed. Prenups can protect your and your spouse’s assets and interests significantly. However, there are certain legal pitfalls to avoid.

If you are considering drafting this document, the prudent course of action is to discuss all aspects of the prenup with an experienced, caring, and diligent prenup lawyer upfront.

By doing so, you both can be fully protected when forming your prenuptial agreement and help ensure that if it’s needed, it will hold up in the Indiana courts.

In Indiana, the courts usually insist that before signing any prenup, you and your spouse must have the opportunity to consult with your independent lawyer.

If the court finds that either of you was pressured in any way into signing without consulting your lawyer, then this could be used as immediate grounds for invalidating the agreement.

An additional red flag that the court would look for is any sign of unconscionable terms that are far too extreme or one-sided and could be considered unfair or oppressive.

For example, suppose any part of your prenup or infidelity clause leaves one of you with virtually no assets or ability to maintain your standard of living. In that case, the court may deem this unconscionable.

Your skilled prenup lawyer will explain that it’s critical to understand that these agreements are very circumstantial and the outcomes can vary immensely. Therefore, although you can reach the protections and goals you both may want, the legal wording and implications are paramount to ensuring that the prenup holds up when needed.

I Need More Information About Indiana Prenups: How Should I Proceed?

Prenups and their clauses and stipulations can be complex to draft, but they also put you and your spouse more at ease if complex issues (such as infidelity) are discussed before you are married.

So, if you’re in any doubt about whether you need a prenup or what it should contain, consulting with a caring, experienced, and detail-oriented Indianapolis prenup lawyer is the most sound and prudent course of action.

The prenup lawyers at the Law Office of Deidra Haynes LLC understand the needs and difficulties that may arise when discussing prenups and their associated contents.

Call them today at 317-785-1832, and with their empathetic knowledge of this sensitive subject, they will address all your questions and concerns. In the right legal hands, prenups can be a very positive means of beginning your marriage, knowing that, if unforeseen contingencies arise, you both feel prepared and optimistic about your future.