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Is my prenuptial agreement valid without legal representation in Indiana?

Is my prenuptial agreement valid without legal representation in Indiana?

Q: What makes a prenup unenforceable?

A prenup may be unenforceable if it was signed under duress, if one party did not have legal representation, or if the terms are unconscionable. In Indiana, if the agreement causes extreme hardship that was not foreseeable at signing, a court may also find it unenforceable (Burns Ind. Code Ann. § 31-11-3-8).

Q: Can you have a secret prenup?

A secret prenup is not legally valid. Both parties must be aware of and agree to the terms of the prenuptial agreement. Transparency is essential for the agreement to be enforceable in court.

Q: Are prenups legally binding in Indiana?

Yes, prenuptial agreements are legally binding in Indiana if they are entered into voluntarily by both parties and meet legal requirements. However, they may be challenged in court based on factors like unconscionability or lack of legal representation.

Q: What would void a prenup?

A prenup may be voided if it was signed under duress, if one party did not fully understand the agreement, or if it contains unconscionable terms. In Indiana, extreme hardship resulting from the agreement may also lead to it being set aside (Burns Ind. Code Ann. § 31-11-3-8).

Full question:

I reside in Indiana. I had entered a prenuptial agreement with my husband. I was not represented by an attorney and did not obtain legal advice. I have not graduated from high school and did not read well at the time the agreement was signed. I did not accept any material benefits from the agreement. In this circumstance, is the agreement valid and am I entitled to get spousal maintenance?

Category: Husband and Wife
Subcategory: Premarital Agreement
Date: 04/07/2025
State: Indiana

Answer:

In Indiana, a prenuptial agreement may not be enforceable if you can prove that you did not sign it voluntarily or that it was unconscionable at the time it was signed. According to Indiana law (Burns Ind. Code Ann. § 31-11-3-8), if a provision in the agreement modifies or eliminates spousal maintenance and this causes extreme hardship that was not foreseeable at the time of signing, a court may require spousal maintenance despite the agreement's terms. The court will determine any issues of unconscionability as a matter of law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you get a prenup without the other person knowing?

No, a prenuptial agreement must be agreed upon by both parties and cannot be valid if one party is unaware. Both individuals must voluntarily sign the agreement for it to be enforceable. If one party does not know about the prenup, it may be challenged in court.