A prenuptial agreement, or “prenup,” is a legal contract made between partners before marriage, outlining how their assets and financial matters will be managed in the event of a divorce. At Gary M. Selig, P.C., we assist the Indianapolis public with family law matters, including the drafting and review of prenuptial agreements. Below, we provide an overview of the essential documents and information required to create a comprehensive prenuptial agreement in Indiana.

Essential Documents for a Prenuptial Agreement

Complete Financial Disclosure

Both parties must provide full transparency regarding their financial status. This includes:

Income Documentation: Recent pay stubs, employment contracts, and tax returns.

Bank Statements: Copies of checking and savings account statements.

Investment Portfolio: Documentation for stocks, bonds, mutual funds, and other investments.

Retirement Accounts: Details of 401(k)s, IRAs, and pensions.

Asset Lists

Each party must prepare a list of all assets they own. This can include:

Real Estate Deeds: Documents proving ownership of properties.

Personal Property Records: Titles for vehicles, boats, and other significant personal assets.

Valuables: Documentation for valuable items such as art, jewelry, and collectibles.

Debt and Liability Records

A detailed list of debts, such as:

Credit Card Statements: Current balances and account details.

Loan Documents: Student loans, car loans, and any personal loans.

Mortgage Statements: Any existing mortgage obligations.

Business Ownership Documentation

If one or both parties own a business, include:

Business Valuations: Recent appraisals or financial statements.

Ownership Agreements: Partnership agreements or corporate bylaws.

Profit and Loss Statements: Recent financial reports showing business performance.

Inheritance and Gift Documentation

Proof of inheritances or gifts received before marriage can help ensure these assets remain separate in the event of divorce. This may include:

Wills or Trusts: Copies of any documentation that outlines future inheritances.

Gift Declarations: Records or statements showing substantial gifts.

Legal Identification

Valid identification, such as a driver’s license or passport, for verification purposes during the signing of the agreement.

Important Considerations for a Prenuptial Agreement in Indiana

Independent Legal Representation: Both parties should have their own attorneys to review the prenuptial agreement, ensuring it is fair and legally sound. This step helps prevent future challenges to the validity of the agreement.

Notarization and Witnesses: The agreement must be signed by both parties and typically notarized. While witnesses are not always required, their presence can add an additional layer of verification.

Full Disclosure Requirement: Indiana law mandates complete and accurate disclosure of assets and liabilities. Failure to disclose relevant financial information could result in the prenuptial agreement being declared invalid.

How Gary M. Selig, P.C. Can Help

At Gary M. Selig, P.C., we understand the importance of protecting your interests as you enter marriage. Our experienced attorneys guide clients through each step of creating a prenuptial agreement, ensuring all required documents are properly prepared and that the agreement meets Indiana's legal standards.