The Difference between Pre- & Post-Nuptial Agreements
The difference between a
prenuptial agreement and a post-nuptial agreement is a matter of timing. Prenuptial agreements
are signed before marriage while post-nuptial agreements are signed after
a couple is already married. In Indiana, a married couple 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
Why Establish a Post-Nuptial Agreement?
Post-nuptial agreements are not exclusively for celebrities or wealthy
couples. By executing this type of agreement, the married couple is provided
certainty and clarity regarding what would happen in the event that they
file for divorce.
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, each party
should hire their own attorney to review the post-nuptial agreement before
Navigate Your Post-Nuptial Agreement
Joshua R. Hains is a seasoned divorce lawyer who regularly assists clients
in drafting and negotiating post-nuptial agreements in Carmel. His thorough
approach will ensure that you are informed at each step of the process.
Contact Hains Law, LLC at
(317) 588-2883 to set up an initial consultation.