Yolanda Benedito | Are Post Nuptial Agreements Binding In Indiana
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Are Post Nuptial Agreements Binding In Indiana

Are Post Nuptial Agreements Binding In Indiana

Pre-marriage agreements may be valid in Indiana under the Premarital Agreement Act, as long as they are entered into freely and freely and without fraud, coercion or misrepresentation and are not unacceptable. What does this usually mean for the parties? Under Indiana law, treaties are unacceptable if there are large differences in bargaining power. To counter this issue of bargaining power, it is important that agreements are justified and do not appear to be too one-sided or oppressive. This means that both parties should have overprocesses and an agreement that deals with all assets, i.e. assets and liabilities, with full disclosure by the parties. A post-parental agreement is less common than a pre-marriage agreement. Although they are similar to pre-marital agreements because they deal with the same problems, they are distinguished by the conclusion of a post-marriage agreement after a couple`s marriage. The Indiana version of the Uniform Premarital Agreement Act does not apply to post-ascending agreements, so the interpretation and applicability of these documents is guided by jurisprudence. Until recently, the validity and applicability of these contracts were uncertain. The only recognized basis for maintaining a post-uptial agreement was the rejection of a dissolution of a court`s then going matrimonial action to determine whether there was an appropriate consideration.

Changes in Indiana law have allowed couples to use post-uptial agreements, even if they have not applied for separation or divorce. If a couple uses a post-catch-up agreement to enter into a marriage that would have been broken up without the agreement, it is not necessary for one of the spouses to actually rehabilitate or divorce a separation. This can help a couple whose disagreements relate to money or property. If the disagreement is such that it would end the marriage, the parties can resolve the disagreement with a contract that defines their legal rights and responsibilities on the issue of money or property that has shaken the marriage. In 2015, the Indiana Court of Appeals extended the process of reconciliation cases and found that a post-uptial agreement was valid and applicable if it was reached with the aim of renewing a marriage that would otherwise have led to divorce.

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