Prenuptial & Postnuptial Agreements

Indianapolis Marital Agreement Lawyers

Helping Clients Prenuptial & Postnuptial Agreement Matters in Indiana

A divorce settlement can be a difficult process. Debates over who should get what can become contentious. Some couples choose to settle these issues in advance with a marital agreement. When this is done prior to marriage, it’s termed a prenuptial agreement—or “prenup” in casual terms. If an agreement is reached after marriage, it’s a postnuptial agreement. Good legal counsel, that’s skilled in both the law and in understanding what’s important to their clients, can be valuable during this entire process.

The Indianapolis marital agreement lawyers at the Law Offices of Eugene Mogilevsky, LLC have been serving the people of Indianapolis and beyond since 2014. We bring real legal diligence to our work. But the first thing we do is aim to make clients feel at ease. We know people can be nervous talking to an attorney, especially on something as sensitive as what might happen in the event of a divorce. We want people to know they can trust us and be open.

Call our Indianapolis martial agreement attorney at (317) 743-7958 or reach out online. Serving all of Marion County, and throughout Hamilton, Hancock, Hendricks, Johnson, Shelby, Boone, Madison, & Morgan counties.

How Common are Postnuptial and Prenuptial Agreements in Indiana?

Prenuptial and postnuptial agreements are increasingly prevalent in Indianapolis as more couples recognize the importance of clear financial planning and asset protection. These vital legal tools help couples seeking to protect their assets and clarify financial expectations before or during marriage.

Legal professionals in Indiana note a rise in inquiries and requests for these agreements. This shift is supported by the state's legal framework, which upholds the enforceability of well-drafted prenuptial and postnuptial agreements, provided they meet specific legal standards. Because Indianapolis is one of the largest cities in the region and boasts a robust and thriving economy, it’s not surprising that as wealth continues to grow in the city, so will the assets of its citizens.

Regardless of demographics, all couples can benefit from discussing these legal tools and working with an attorney. While once viewed negatively, pre and postnuptial agreements can help address financial issues transparently and ensure a mutual understanding of each party's rights and responsibilities. As awareness continues to grow, more Indiana couples are embracing these agreements as practical tools for fostering trust and avoiding potential future conflicts.

If you’re interested in drafting a postnuptial or prenuptial agreement, working with an experienced attorney is key as these types of complex family law matters can prove challenging terrain.

What is Included in a Marital Settlement Agreement?

Fundamentally, a marital settlement agreement, whether a prenup or a postnup, deals with the same issues that would arise in settlement negotiations if no agreement existed.

This can involve determining what property belongs exclusively to one spouse and what belongs jointly to the marriage. The latter is subject to Indiana’s equitable distribution laws, while the former will simply revert back to the spouse who brought the property into the marriage.

Regarding equitable distribution, the couple may seek to deal with that up front and make decisions on who will get what out of the marital estate.

Assets aren’t the only thing that has to be divided. Debt does as well. Who will be responsible for the credit card debt? Or the car payment? Or the mortgage? All of these issues have to be settled and marital agreements seek to settle them in advance. Spousal maintenance—known colloquially as “alimony” can also be worked out in a prenuptial or postnuptial agreement.

The state of Indiana vastly prefers that divorcing spouses be able to settle their own property division, and judges will generally give deference to agreements worked out by the couple—whether that happens in a prenup, a postnup, or during standard divorce negotiations.

However, there are limits. Judges do have final say and they can decide if an agreement meets at least minimum standards of fairness and equity. Furthermore, if evidence exists that a spouse signed a marital agreement under duress, the agreement can be rendered invalid. The same goes if one spouse failed to disclose assets or otherwise misrepresented what they owned.

What is Not Included in a Marital Agreement?

Spouses have a lot of latitude to settle their own affairs under Indiana law, but there are some matters that cannot be dealt with a prenup or postnup. That would be the custody of children. In the event a divorce occurs, this will still naturally have to be settled. Judges will still be inclined to give a certain benefit of the doubt to what the couple comes to agreement on. But it cannot be settled in advance of a divorce.

Contact Our Martial Agreement Attorney in Indianapolis Today

Attorney Evgeny “Eugene” Mogilevsky prides himself on being easy to relate to in conversation, and vigorously diligent in his professional preparation.

Contact the Law Offices of Eugene Mogilevsky, LLC at (317) 743-7958 or contact us online to set up a consultation with our Indianapolis martial agreement lawyer.

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