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If you are getting married in Indiana and considering a prenuptial agreement, it is crucial to be aware of potential red flags that could invalidate or create problems with the agreement down the line. While prenups can provide valuable protection for both parties’ assets and interests, there are certain pitfalls to avoid. An experienced family law attorney can help you be better protected when forming a prenuptial agreement. This blog explores key red flags to look out for when drafting or reviewing a prenuptial agreement in Indiana. 

In Indiana, both parties must have the opportunity to consult with independent legal counsel before signing a prenuptial agreement. If one party was pressured into signing without consulting their attorney, it could be grounds for invalidating the agreement later on. Always insist on having your own lawyer review the prenup. Lack of independent legal counsel before signing a prenup is a red flag because an attorney can help you understand the agreement and represent your interests. Additionally, major life events like having children, acquiring significant assets, or relocating to another state may require updating your prenuptial agreement. Failing to revise the agreement to reflect changing circumstances could render parts of it obsolete or unenforceable.

Another red flag to be aware of is unconscionable terms in a prenuptial agreement. Indiana law provides that prenuptial agreements cannot contain unconscionable terms that are so extreme or one-sided as to be considered unfair or oppressive. For example, a clause that leaves one spouse with virtually no assets or ability to maintain their standard of living could be deemed unconscionable by the court. It is important to understand that these agreements are circumstantial and the outcomes can vary. In alliance with unconscionability, parties must be truthful in their information regarding the prenuptial agreement. Both parties must provide full and accurate disclosure of their assets, income, and liabilities when entering into a prenup. Intentionally hiding or misrepresenting assets is a major red flag that could undermine the validity of the agreement. In a similar fashion, a prenuptial agreement signed under coercion, duress, or undue influence may not hold up in court. If one party can demonstrate they were forced, threatened, or pressured into signing against their will, the prenup could be deemed invalid. 

A completely one-sided agreement that provides no consideration for one spouse may not be enforceable. A prenup must include some form of consideration (a benefit or detriment) for both parties. In addition to one-sided agreements, be on the lookout for vague or ambiguous language in the prenup. These agreements should be drafted with clear, unambiguous language to avoid disputes over interpretation down the road. Vague clauses or terms that are open to multiple interpretations can create problems in the event of a divorce or legal challenge. 

Ultimately, a prenuptial agreement has many steps that require close review to ensure it is fair to both parties and legally enforceable. If you are considering a prenuptial agreement in Indiana, it is essential to work with an experienced family law attorney who can help you avoid these potential red flags and ensure the agreement is fair, valid, and tailored to your specific needs and circumstances. The attorneys at Ciyou & Associates, P.C. have immense experience in practicing family law, including prenuptial agreements, throughout Indiana. We are here to help you with your prenuptial agreement matter. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.