Call Now

Call Now

Call Now


Three Ways To “Contract” In The Event Of A Divorce In Indiana

With divorce statistics indicating one in two marriages ends in divorce, many people—from those who have heard divorce horror stories to those who have had their own divorces—sometimes contract for terms to divide their estate (assets – liabilities = net marital estate) in the event of a divorce. There are three ways to do so, all with risks and specific requirements.

The most obvious and well known is the pre-marital agreement. This is made in contemplation of divorce and has existed in Indiana as a matter of contract law for decades. In 1995, this was reinforced by the Uniform Premarital Agreement Act which backed up caselaw with statutory scheme. In essence, assuming full disclosure and free bargaining power, an Indiana trial court will enforce this agreement’s provisions on divorce. Thus, the parties know in advance what will occur with a divorce.

A less common type of agreement is a post-nuptial agreement. This type of contract is entered into when the marriage is in trouble and a divorce is filed. The parties can reach similar terms as a pre-marital agreement. The reason it is enforced, technically the “consideration” is continuation of the marriage and/or dismissal of the divorce case. Where a divorce has not yet been filed, there is more chance the “contract” might have enforcement issues in a later divorce. The Indiana appellate courts have recently approved of this type of contract.1

The third type of “contract” is where the parties, who perhaps never got around to entering into a pre-nuptial, is a post-nuptial when the marriage is operating on stable ground. There are many reasons parties may want to do this, such as if they have children from a prior relationship they wish to account for in the event of divorce regarding marital assets. The law is not as clear that these agreements are enforceable. However, they are likely governed by Indiana contract law and enforceable, unless there is some attenuating situation that would indicate bad faith, duress, fraud or the like.

Thus, Indiana has a wide array of ever-developing tools to help parties address marriages and how they are treated on divorce. The key is understanding these and taking the time to consider the need relative to your situation in advance.

Ciyou & Dixon, P.C. attorneys are routinely involved with such contacts and their litigation. We hope this blog post provides useful information for you. It is not intended to provide specific legal advice or solicit services. Ciyou & Dixon, P.C. attorneys practice throughout the State of Indiana.

Hall v. Hall 27 N.E.3d 281 (Ind.Ct.App.2015).


We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Dixon & Moseley, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Call Now

Copyright © 2024 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Dixon & Moseley, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Dixon & Moseley, P.C. will guide you every step of the way. The family law attorneys at Dixon & Moseley, P.C. will help you precisely identify your objectives and the means to reach your desired result. Life is uncertain. Be certain of your counsel. Indianapolis Divorce Attorneys, Dixon & Moseley, P.C.

Indianapolis Divorce Attorneys, Dixon & Moseley, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.