Download Indiana Postnuptial Agreement Form [PDF]

The Indiana postnuptial agreement is a legal document that outlines how spouses will handle their financial and non-financial relationships. This can include matters like management of the property during the marriage, division of the property in case of a marriage dissolution or divorce, as well as matters connected to the wills, trusts, insurance policies, and more.

The main difference between a postnuptial and prenuptial agreement is in the moment parties are signing the document. With the prenup agreement, the parties must sign the document before entering the marriage, while with the postnup agreement, the parties can sign the document once they have entered the marriage.

Laws and Legal Requirements for a Postnuptial Agreement in Indiana

The laws and legal requirements for a postnuptial agreement in Indiana are all outlined in a few provisions of the state law and decisions made by the local courts. Certain significant court decisions are later used to determine the legality of postnuptial agreements in Indiana.

One of the most important court decisions for the postnuptial agreement in Indiana is Flansburg v. Flansburg (1991).

In this case, the court states that “Pursuant to Indiana law, married persons ‘may agree in writing to provisions for the maintenance of either of them, the disposition of any property owned by either or both of them and the custody and support of their children’ in order to promote ‘the amicable settlements of disputes that have arisen or may arise . . . upon the dissolution of their marriage’.”

Signing Requirements for a Postnuptial Agreement in Indiana

The Indiana postnuptial agreement must be made in written form. Moreover, the state law requires both parties to sign the postnuptial agreement form.

Although the state law doesn’t require it from the parties, they should also consider notarizing the postnuptial agreement. This action will additionally confirm the authenticity of the document and prevent potential disputes or fraudulent activities. The notary public will confirm the identity of both parties to the agreement and confirm that they have signed it.

Postnuptial Agreement Enforcement in Indiana

To be considered enforceable, the Indiana postnuptial agreement should meet the following criteria:

Postnuptial Agreement Enforcement Conditions

Both parties to the agreement should sign the document freely, without pressure or coercion.
Both parties should present complete and truthful information about their financial status in the postnuptial agreement.

If parties fail to meet both of the requirements set above, the court can declare the postnuptial agreement unenforceable.

What Can a Postnuptial Agreement in Indiana Cover?

The postnuptial agreement form in Indiana can cover multiple matters connected to the financial and non-financial relationships of the parties.

The following are some of the most common matters that the Indiana postnuptial agreement template can include:

Provisions in a Postnuptial Agreement

The rights and obligations of the parties in connection with their individual and marital property.
Right to sell, buy, lease, transfer, mortgage, or manage the property parties acquire during the marriage
Rules on how marital property will be distributed in case of a marriage dissolution, divorce, death, or other similar events
Matters connected to the insurance policy, pension, spousal support, and more
Matters connected with the governing law for the Indiana postnuptial agreement

However, all the provisions of the Indiana postnuptial agreement must be in line with Indiana state law and public policy.

Postnuptial Agreement in Indiana: Validity Criteria

The first validity criterion is connected with the formal criteria set for the Indiana postnuptial agreement form. This means that the document won’t be considered valid if it’s not made in written form and signed by both parties.

In addition, the validity of the postnuptial agreement is also connected to the existence of the marriage. This means that the parties can sign a valid postnuptial agreement only after they get married.