Helping Individuals with Prenuptial & Postnuptial Agreements in Fort Wayne, Indiana, and Throughout Allen County
Negotiating a prenuptial agreement may not always seem like the most romantic thing to do. However, for many couples, it is a smart thing to consider. Prenuptial agreements — also called prenups, premarital agreements, or even antenuptial agreements — allow married couples to protect their separate property during a marriage in the event that the marriage ends in divorce.
At Stange Law Firm, we help clients in Fort Wayne, IN in Allen County to draft, review, and litigate prenuptial agreements. We can also tackle issues related to postnuptial agreements, which are similar to prenups, just drafted during a marriage.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract between two people who are engaged to be married. A prenup is designed to protect each person’s assets and property in the event of a divorce or death. Prenups can also be utilized to determine how property will be split up if the couple decides to divorce.
- Premarital assets and debts: A prenup can determine what each person’s assets and debts are prior to the marriage. Property such as houses, cars, jewelry, and other valuable items that were obtained before the marriage can be specified as belonging to one person. This can help avoid disagreements and fighting about who owns these items if the couple gets divorced.
- Inheritances and gifts: A prenup can also specify what will happen to inheritances and gifts that are received during the marriage. For example, if one person inherits a house from their parents, that person can state in the prenup that the house will remain their property regardless of the length of the marriage.
- Children from a previous relationship: If either person has children from a previous relationship, a prenup can be used to determine how financial responsibility for the children will be divided. This can help avoid arguments about child support and custody if the couple gets divorced.
- Alimony: A prenup can be used to relinquish the right to alimony or specify how much alimony one person would be entitled to if the couple gets divorced.
- Property division: A prenup can specify how property will be divided if the couple gets divorced. For example, the prenup can spell out that all property obtained during the marriage will be divided equitably.
Effective Prenuptial Agreements in Fort Wayne, Indiana in Allen County
Effective prenuptial agreements should include detailed descriptions of the significant property and debts owned by each party. Depending on the nature and complexity of these assets, a prenuptial agreement can be just a few pages — or a few hundred. At Stange Law Firm in Fort Wayne, we create each prenup so that it meets the specific needs of our clients.
To be valid in Indiana, a prenuptial agreement must meet specific requirements:
- Be signed by both spouses
- Be accompanied by a complete disclosure of all assets, income, and debts of each spouse
- List court-ordered maintenance being paid or received
- Allow spouses sufficient opportunity to consider the provisions of the agreement and consult with lawyers before signing
- Be entered into freely and voluntarily
Fort Wayne, Indiana Postnuptial Agreements in Allen County
Also called post-marital agreements, postnuptial agreements are contracts between two partners that are entered into during marriage. Like prenuptial agreements, they contain provisions discussing how to divide property in the event of divorce or the death of a spouse.
Enforcing a Prenuptial or Postnuptial Agreement in Fort Wayne, Indiana in Allen County
It can be difficult to enforce a prenuptial or post-nuptial agreement. The standards that courts put in place and consider are high. But when a family law matter requires legal action, we can provide high-quality legal solutions for our clients in Fort Wayne, Indiana. Our focus is on assisting you to move in the right direction. We do this by working together with you to build a family law strategy that weighs the costs and benefits of each action. Together, we will work towards a desirable outcome.
Not having legal representation at the time of signing can be a foundation for challenging the ability to enforce a prenuptial agreement at a later date. Because of this, both parties should have their own legal counsel. Please note as well that the Founding Partner of the firm, Kirk C. Stange, authored a book on prenuptial agreements through Thomson Reuters (Aspatore Publishing) titled: Prenuptial Agreements Line by Line.
Handling Prenuptial or Postnuptial Agreements in Fort Wayne, Indiana
If you are interested in learning more about the Allen County Family Court, please visit the following links:
- Allen County Family Court: Any additional information regarding the Allen County Family Court can be found here.
- Allen County Local Court Rules: Wondering what all of the Indiana court rules may be? Click here to take a look.
- Allen County Courthouse Directions: Do you need directions or a map of the Allen County Circuit Court? Click on this link provided by Google Maps to help you out!
Call Today to Learn More From a Fort Wayne, Indiana Prenuptial Agreement Lawyer in Allen County
As contentious as a prenuptial agreement may sound for your marriage, it could benefit you in the long term. We have written articles about prenuptial agreements to help you learn more about the topic: Is a prenuptial agreement in your future? How to have ‘the talk’, Social media clauses gaining popularity in prenuptial agreements, Domestic Asset Protection Trusts Versus Prenuptial Agreements: What is the Best Option?, and Prenuptial Agreements for Elderly Couples.
Contact a Fort Wayne prenuptial agreement lawyer in Allen County, Indiana online or by phone at 855-805-0595 to schedule a confidential consultation.
Allen County (Fort Wayne), Indiana Office (260-802-4402) | 110 E. Wayne St., Suite 1236, Fort Wayne, Indiana 46802 (Opening 3/18/24!)