Help With Prenuptial And Postnuptial Agreements
A prenuptial agreement is a document signed before marriage that stipulates how a couple’s assets will be divided should the couple ultimately part ways. Once stigmatized as “preagreements to divorce,” more and more couples are establishing prenuptial contracts as a means of strengthening their marriages. Indeed, many find they’re an important means to ensure their marriages remain honest and open.
The lawyers at DeVries + Kelly offer counsel to individuals and couples seeking to establish effective, personalized prenuptial agreements that address issues, including alimony/spousal maintenance, property division, life insurance, and wills and testaments. (We also assist with postnuptial agreements, which are very similar, but which are signed after a couple is married.) Drawing on decades of combined experience, our attorneys know how to help spouses safeguard the assets that are most important to them, and devise contracts that can help a marriage last.
What Laws Govern These Agreements?
Indiana has adopted the Uniform Prenuptial Agreement Act (UPAA) and regards written prenuptial agreements signed by both spouses as enforceable contracts.
However, if the prenuptial agreement is deemed unfair, or unbalanced in favor of one party, it can be disputed. Should this be the case, our legal team is uniquely prepared to help you renegotiate the terms of unfair contracts. We offer representation both in mediation and in arbitration hearings, as well as in courtroom proceedings.
Who Benefits Most From Prenuptial And Postnuptial Contracts?
If you have significant assets or children from a prior marriage, a prenuptial agreement can be useful to minimize family conflict and to protect the inheritance rights of your children. Unspoken expectations can be clearly addressed to prevent misunderstandings from festering.
Likewise, a prenuptial or postnuptial agreement provides a couple the opportunity to have control over property division proceedings in a manner that works best for each of them, rather than letting an unknown judge in an uncertain future make those decisions for them.