A second provision, but less usual in prenupes, is a provision that concludes the right to custody of the spouses. Indiana is not a basement in which an outgoing spouse can be sentenced for a long time to pay the other “sub-beds”. Under the Divorce Act, a court may order a spouse to pay the other “re-education” support to obtain a professional certificate or professional skills to support himself or herself. This type of maintenance can only be ordered for a maximum of three years. The other type of maintenance is for a handicap. For example, a spouse with a disability during marriage may also receive support for persons with disabilities during the duration of the disability. This removal by a prenupe (or possibly abolished, because there are arguments that these provisions are not applicable because they are contrary to public policy) exactly the safety net that Parliament put in place for you when passing divorce laws. In most cases, this provision of a prenup is questionable at best and should be avoided, unless each party is successful. The third provision, sometimes found in prenupes, is one that destroys Indiana`s estate law and a spouse`s right to receive money from a spouse after his or her death.
Normally, a spouse, even if he does not have a child with his partner, can take “against his will” and receive money from the property that belongs exclusively to the other by Indiana estate law, where a will is available. This right also exists where the party dies intestate (without a will) It is a complex area, but it is nevertheless possible to contract this right by a pre-eruption with such provisions. Ironically, at least in the event of divorce and child custody or must seek support, the provision against the granting of legal fees make any possible challenge that is much more difficult. Who would pay the legal fees to do the challenge you need or want to do – you! A pre-marital agreement is not applicable if a party can prove it: if the marriage is annulled for any reason, the marriage agreement is also invalid. The agreement must be serious, so if a party has been forced or forced to sign the agreement, it can be invalid. A court may determine predictability on the basis of the above circumstances and when the agreement is signed. In addition, a matrimonial agreement cannot be applicable if the parties have agreed to amend or eliminate spousal support, and the terms of that amendment or removal will cause extreme hardship to an unknown spouse at the time of the agreement. Both parties to the agreement must be fully informed of the content of the agreement and retain their own lawyers before signing. In Indiana, marital agreements are called “pre-marital agreements.” These types of contracts are defined by Indiana law as an agreement that “is accomplished in contemplation of marriage and takes effect with marriage.” To be valid, a pre-marriage contract must be written and signed by both parties; However, unlike other contracts, no consideration is required.