When an Indiana couple decides to get married, many choose to have a premarital agreement beforehand. There are myriad reasons for this and it does not mean that they do not trust their prospective partner. They simply want a plan in case the marriage does not work out. It often happens in situations where one person has substantial assets and the other is less wealthy.
State law has requirements for a premarital agreement to be valid. That, however, does not mean a person who has signed the agreement cannot challenge it. For the person who is trying to protect their assets in the divorce proceeding, it is imperative to know what options are available to make sure it is upheld.
The key to the premarital agreement is its enforceability
Certain tenets must be in place for the premarital agreement to be considered enforceable. At the time of the agreement, the person challenging it must have agreed to it voluntarily. A strategy they might use when calling it into question and trying to have it voided is to say they were coerced. The person who is trying to have the agreement upheld must show that they did not force the other party to sign it.
Fairness is also vital. Under the law, this is termed “unconscionable.” Fairness is largely subjective, but if the person signing the agreement put their life, their education, and their career on hold, then they might try to say the premarital agreement is unfair to them as they try to make ends meet after the divorce.
The modification or elimination of spousal maintenance that would lead to the person being placed in hardship based on circumstances that could not have been foreseen when the agreement was signed could make it unenforceable. The court may not allow a person who signed a premarital agreement to be destitute based on it saying there will be no spousal maintenance by finding the agreement to be unconscionable.
Protecting a premarital agreement is paramount
When there is a premarital agreement, the goal is to have a level of certainty in case the marriage ends in divorce. That can be upended if the person who will wind up with less and signed the agreement tries to call its validity into question.
There are many factors to consider in a divorce that are addressed in a premarital agreement. That includes property division and spousal maintenance. To ensure that the agreement is upheld, it is wise to have guidance in blunting any allegations that it was unfair or that the person did not willingly agree to it. Being protected is key from the beginning of any family law case.
