The difference between a prenuptial agreement and post-nuptial agreement is a matter of timing. Prenuptial agreements are signed before marriage. Post-nuptial agreements are entered into after a couple is already married. In Indiana, a married couple considering divorce and/or filing for divorce, should consider a post-nuptial agreement as part of their reconciliation.
In a post-nuptial agreement, the married couple will set forth how they will divide property and debts incurred before and during the marriage. In addition, the post-nuptial agreement may also set forth conditions for spousal maintenance and additional distributions of property, depending upon the length of the marriage. However, a post-nuptial agreement may not set forth agreements for child support or child custody.
Post-nuptial agreements are not exclusively for celebrities or wealthy couples. By executing a prenuptial agreement, the married couple is provided certainty and clarity regarding what would happen in the event their reconciliation fails and a divorce is filed with the court.
In certain circumstances, post-nuptial agreements allow married couples to create an agreement that mirrors the prenuptial agreement they never signed before their wedding day. As with prenuptial agreements, the married couple should each hire their own attorney to review the post-nuptial agreement before executing it.
Joshua R. Hains is a seasoned Carmel divorce lawyer who regularly assists clients in drafting and negotiating post-nuptial agreements. His thorough approach will ensure that you are informed at each step of the process. Contact Hains Law, LLC to set up an initial consultation.