Getting married in Indiana? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Indiana Code § 31-11-3-4 requires prenups to be written and signed, and § 31-11-3-8 sets forth the two-prong enforceability test (voluntariness and unconscionability) and the special rule about spousal maintenance waivers.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Under Indiana’s premarital agreement statute, an agreement is unenforceable if the party challenging it proves either that they did not execute the agreement vo…
- Indiana has adopted the Uniform Premarital Agreement Act, codified at Ind. Code § 31-11-3-1 et seq.
Are prenups legal in Indiana?
Indiana has adopted the Uniform Premarital Agreement Act, codified at Ind. Code § 31-11-3-1 et seq. A prenuptial agreement in Indiana must be in writing and signed by both parties (oral prenups are invalid). No additional formalities (like notarization or witnesses) are explicitly required by statute, but it is prudent to have the document notarized for evidentiary purposes.
What makes a Indiana prenup enforceable?
Under Indiana’s premarital agreement statute, an agreement is unenforceable if the party challenging it proves either that they did not execute the agreement voluntarily, or that the agreement was unconscionable when signed. Additionally, if a provision waiving spousal maintenance would cause one spouse “extreme hardship” due to unforeseeable changed circumstances, a court may require support despite the prenup.
What you can—and can’t—include
Indiana’s premarital agreement law (being based on the UPAA) permits parties to contract on matters like property division at divorce, characterization of assets as separate or marital, spousal maintenance (alimony) rights, inheritance rights, and so forth.
Simple process
To create an enforceable Indiana prenup, couples should start the process well in advance of the wedding – last-minute agreements invite challenges on grounds of duress. Both parties should provide each other a full financial disclosure (balance sheets of assets/liabilities and income) or else explicitly waive in writing the right to further disclosure.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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