Free Indiana Postnuptial Agreement Template

An Indiana postnuptial agreement is a signed contract between spouses about property and what happens at divorce or death. Indiana’s probate code lets a spouse waive the right to take against the other’s will after marriage, on specific conditions.

A Written, Signed Waiver

A spouse can waive the right of election before or after marriage. The waiver must be a written contract or agreement signed by the party waiving the right (Ind. Code § 29-1-3-6(a)).

Full Disclosure of the Right

The waiver also has to follow full disclosure of the nature and extent of the right being given up (same subsection). So the waiving spouse should understand exactly what the election is worth before signing.

For example, the election can be substantial. A second or later spouse with no children by the decedent, where the decedent left children from an earlier marriage, takes one-third of the net personal estate. That spouse also takes 25% of the net value of the decedent’s real property (Ind. Code § 29-1-3-1).

Fair Consideration Under All the Circumstances

Here’s the postnup-specific catch. The waiver holds if the thing or promise given to the waiving spouse is a fair consideration under all the circumstances (§ 29-1-3-6(a)). By contrast, the promise of marriage counts as consideration only for an agreement made before marriage (§ 29-1-3-6(b)).

Something of fair value, by law. Before the wedding, the promise of marriage itself can serve as consideration. After the wedding, that option is gone, so the agreement needs a different exchange that’s fair under all the circumstances.

So write that exchange into your Indiana postnuptial agreement. For example, one spouse might receive a specific asset, a life insurance policy, or a mutual waiver in return. Naming it plainly shows what each spouse received.

Work through these steps before signing an Indiana postnuptial agreement:

1. Explain the election. Set out the nature and extent of the right each spouse is giving up.
2. Define the exchange. State what each waiving spouse receives in return.
3. Open the books. Each spouse sets out holdings, liabilities, and earnings.
4. Allow time to review, ideally with independent advice.
5. Sign in writing. The spouse waiving the right signs the document.
6. Consider filing it. Indiana lets you file a waiver the same way a spouse files an election under the probate code (§ 29-1-3-6(b)).

A complete agreement covers:

• Disclosure statement — the nature and extent of each right waived
• Consideration clause — what each spouse receives in exchange
• Asset terms — what each spouse keeps and what you hold jointly
• Liability terms — which spouse covers each debt
• Spousal signatures — one dated line per spouse