A topic often spoken of in hushed tones or that is perceived as taboo is pre-divorce planning. While some spouses do this in an illicit way, such as liquidating and secreting assets, this is not divorce pre-planning a skilled family law attorney may assist you with.1 While pre-divorce planning is tailored to a specific case, this blog talks about three (3) typical areas of consideration to assist you with understanding the benefits of pre-divorce planning in your situation. Pre-nuptial/Post-Nuptial: Perhaps the most effective pre-divorce planning tool is a pre-nuptial agreement that can cover the disposition of property in the event of ...
Tag: prenuptial agreements
December 27, 2019CD
Often times, individuals feel like asking their soon to be spouse to sign a premarital agreement may be disrespectful, or that even having a conversation about signing one may be awkward. However, premarital agreements, also referred to as prenuptial agreements, actually offer a lot of benefits to couples. While couples contemplating marriage should certainly shoot for the goal of remaining married, unfortunately, life happens, and relationships get strained. Premarital agreements are a way to “hope for the best, and expect the worst.” This blog looks at some of the benefits premarital agreements can offer to prospective spouses. Full Disclosure. Many couples ...
October 23, 2019CD
Going through a divorce is one of the most stressful events in a person’s life. On top of the emotional and mental aspects of divorce, it can also create complex financial issues. Common questions include “who gets the house?” or “who gets the retirement fund?”. Unfortunately, there is no hard and fast rule to answer those types of questions. Each case is fact sensitive. This is where seasoned divorce attorneys and clients spend their time; trying to figure out what makes sense financially and otherwise in the division in the post-divorce world. This blog provides a brief overview of what ...
October 10, 2019CD
“We need to discuss a prenuptial!” Or so the conversation begins for some couples who want to marry. A prenuptial, or prenup for short, is a contract parties make between themselves before marrying to address what happens with assets and liabilities in the event of death or divorce. This right is provided in Indiana statutory divorce law and gives the parties substantial flexibility and certainty when the relationship ends on death or divorce. The right to contract in all aspects of life is a powerful right guaranteed in the United States and Indiana constitutions, as it should be, so the ...
August 13, 2018CD
A prenuptial agreement is nothing more than a contract that specifies how certain matters will be handled and decided if the parties’ marriage later fails (or a spouse dies). The most common scenario where prenups are used occurs when one spouse has significantly more assets. The prenup typically protects these assets brought into the marriage from being divided with the other spouse in the event of a divorce (or death). These agreements are allowed under by statute in Indiana and are generally enforceable unless they try to specify terms related to children that may be born between the parties. However, ...
April 5, 2018CD
In today’s digital world with global work and play, people from different cultures, backgrounds, and ages marry. In many cases, there are significant differences in net worth, age, and business ownership. For this reason, some couples choose to enter into pre-marital agreements under Indiana’s Uniform Pre-Marital Act. A prenuptial is a document or series of documents, that specifies what a divorce court is to do in divorcing the parties in a divorce filing when separating their assets and liabilities. This blog addresses legal issues you should understand if you contemplate entering into a pre-marital agreement. The first and most important concept to ...
December 8, 2017CD
In today’s world, a marriage is sometimes a matter of finance as much as love and romance. For this reason, a pre-nuptial agreement is somewhat common. In particular, a party coming into a marriage with significantly more assets may want to protect them in the event of a future a divorce. If this is your situation, there are five key legal aspects of prenuptials you must know. First, a prenuptial is a form of contract, which is protect by the right to contract under the Contract Clause of the Indiana Constitution. This means that they are favored in terms of being ...
February 26, 2015CD
A recent USA Today article focused on the resurgence in marriage after its decline during the economic recession.1 The article reported that there was a 5% decline in marriage rates during the recent recession, coupled with cultural changes about whether and when to marry, with two-thirds (2/3) of first marriages are being proceeded with cohabitation (living together), the projections in the coming years show a temporary boost in weddings. The article stated that “[t]he private company, Demographic Intelligence of Charlottesville, Va. Say the signs are right for a temporary boost in weddings, largely among the better educated and affluent and ...
July 2, 2013CD
Before entering into a marriage, the parties may create a contract, called a prenuptial (or antenuptial) agreement. This is a contract like any other, and enforced as same by the Courts. However, terms that are contemplated and contracted to prior to marriage may not be the current state upon the dissolution of the parties’ marriage. One major and common recent example is the economic downturn and affect on employment, housing prices, housing sales, etc. If the parties contract in a prenuptial agreement to immediately sell and divide all residences/properties contemplated by the agreement or acquired during the marriage, but when the ...
November 1, 2012CD