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Marriage is a legal contract at its core. When you join your lives together, you’re choosing to join every aspect of your lives, including finances, other property, and debts. When spouses divorce, they must make important decisions regarding the shared aspects of their lives together. You can make this process easier by already having a postnuptial agreement in place that outlines your wishes. A Southern Indiana postnuptial agreement lawyer can help you.
For more than 30 years, Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, has been navigating complex postnup cases throughout Southern Indiana and beyond. As a trusted law firm, we offer dedicated advocacy and counsel you can count on through every stage of a postnup case. From drafting the documents to filing with the court to modifying existing agreements, our Southern Indiana family lawyers can take care of it all with you.
Despite declining national divorce rates over the last decade or so, Indiana continues to report higher divorce rates. The average divorce rate in the state has been approximately 17.79 percent. It was measured at nearly 2 percent higher than the national average in recent years. There are a lot of important decisions to make in a divorce, namely regarding all of your shared assets.
Many spouses choose to already have a plan in place for what happens in the event they separate by creating a prenuptial or postnuptial agreement. The main difference between these two legal documents is when they are drafted. Prenups are entered into prior to a marriage, while postnups are created afterward.
Postnuptial agreements, also known as reconciliation agreements, are used to determine property interests in case of divorce or the death of a spouse. Postnups are ideal for addressing new circumstances and concerns in a marriage. These documents can also be drafted in response to strain on the marriage with the purpose of seeking reconciliation.
If you are in the process of filing a petition for dissolution (divorce), or you already have one in motion with the court, you must forgo or dismiss the petition to enter into a postnup agreement. You can outline a number of different decisions through this type of contract, including:
Married couples make up 60 percent of households in Indiana, and the family home is often the largest asset that must be divided between spouses. By having a postnup in place, you can have a clear path through difficult decisions throughout the divorce process.
Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, brings over 30 years of family law experience to the table. We’ve navigated countless contested and uncontested divorces, and we’re familiar with handling postnup cases under Indiana law. Our trusted law firm has deep roots in family law, extending from our home base in Louisville, KY, throughout Southern Indiana.
We recognize the complexities of our clients’ financial situations and parent-child relationships and are dedicated to providing the advocacy and trusted counsel you deserve. We’ve earned countless awards and accolades thanks to our service. More importantly, we’ve earned the trust of individuals and families throughout the region.
How long it takes to draft a postnuptial agreement in Southern Indiana can vary from case to case. Factors such as the nature of the shared assets and the complexity of the agreement between spouses. Hiring a postnuptial agreement lawyer in Southern Indiana is highly recommended to help keep matters moving.
Negotiations and revisions are likely going to take the most time if spouses do not agree on the terms.
Certain items cannot be included in a postnuptial agreement in Southern Indiana. Namely, decisions regarding child support, custody, or visitation are not enforceable through a postnup. Courts make decisions based on the best interests of the child, which is too difficult to determine in advance.
You also cannot include unconscionable terms, illegal activities, or restrictions on personal freedoms. Additionally, a prenup cannot include a “no-divorce” clause that penalizes one party for initiating a divorce.
Yes, you can modify a postnuptial agreement in Southern Indiana. Doing so requires permission from both parties without coercion or duress. Modifications must be in writing and signed by both parties.
You can expect Indiana courts to look for signs of duress, fraud, or lack of understanding on one or both parties’ parts before approving any modifications. It’s highly recommended that both parties hire a postnuptial agreement lawyer to represent them and help them understand their legal rights and options.
There are disadvantages to creating a postnuptial agreement in Southern Indiana despite its usefulness. For starters, you can add emotional stress to your marriage by discussing topics like death and divorce. It’s helpful to hire a postnuptial agreement lawyer to navigate these tough conversations with you.
It can also be harder to separate assets that are already commingled. Furthermore, postnuptial agreements are more heavily scrutinized by Indiana courts than prenuptial agreements. It can be harder to have the contract approved.
Whether you’re considering drafting a postnuptial agreement or you need to modify an existing document, you can turn to the skilled legal professionals at Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, to help throughout your case. Our team brings decades of family law experience to the table. We know how to advocate for our clients in and out of the courtroom and use our deep knowledge of Indiana family law to guide each legal strategy we form.
Reach out to the office to schedule an initial appointment with a member of our team to learn more today.
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With deep roots in Louisville, you can trust our history of success. Our attorneys are adept at navigating the delicate balance between vigorous advocacy and the preservation of family harmony. If you are facing family law concerns, contact Straw-Boone Doheny Banks
Mudd Catalano & McKinney, PLLC.
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