Prenuptial & Postnuptial Attorneys – Valparaiso, IN.

Prenuptial & postnuptial agreements, also known as "premarital" & "postmarital" agreements, are lawful contracts between prospective or current spouses that determine how assets & liabilities will be divided in the event of a divorce or death. They provide a level of financial security and predictability that would otherwise be up to the court’s discretion.

Sometimes, these agreements often carry a certain stigma, frequently perceived as showing mistrust or lack of commitment in a relationship. This viewpoint is fundamentally flawed and rather than signaling doubt, these agreements promote open communication about financial matters and set clear expectations that can reduce potential future conflicts.

At Cioe & Wagenblast PC, our attorneys are well-versed in Indiana law regarding these contracts. We can help you negotiate, draft, or review your agreement to ensure it is equitable, comprehensive & conforms to Indiana law requirements.

Prenuptial & Postnuptial Agreements – Overview

Prenuptial agreements are entered into before marriage and become effective once the wedding occurs. Postnuptial agreements are created after marriage and become effective immediately. Both serve similar purposes, outlining how financial matters will be handled.

Agreements Cover Many Issues

When 2 people get married, they create a legal partnership. Each person brings into the partnership the debts and assets of their single life which then become a joint concern. As the marriage continues, new assets and debts are created which also go into marital estate.

If a spouse files for a dissolution of marriage, the marital pool of assets and debts is divided between the 2 parties and appropriate agreements such as child custody, child support, & parenting plans are drawn up to protect any children of the marriage. This is a very simplistic view of divorce, but it is meant to explain the process in its basic form.

Division of property and assets should the marriage end in divorce or death; these assets can include:

• Real estate, vacation homes & investment properties
• Bank accounts
• Retirement accounts & pension plans
• Stocks, bonds & investment accounts
• Personal property – vehicles, jewelry & collectibles
• Business ownership or interests.
• Division of debts
• Alimony or spousal maintenance
• Management of businesses
• Financial responsibilities during marriage
• Intellectual property rights
• Future income and earnings
• Life insurance policies
• Inheritance & gifts

With all the planning that goes into a marriage, no one plans for divorce or death. However, thinking of a potential worst-case scenario to ensure protection for you and your partner is an important conversation to have. Obtaining a prenuptial or postnuptial agreement is a decision that should be made between you and your spouse.  Contact Cioe & Wagenblast PC. today!