Free Indiana Prenuptial Agreement Template

An Indiana prenuptial agreement is a written contract future spouses sign to set their own rules for property, maintenance, and estate planning. Indiana’s version of the Uniform Premarital Agreement Act sits in Indiana Code 31-11-3.

That chapter defines the agreement, sets signing rules, lists permitted content, and explains when a court won’t enforce one. Its table of contents also lists a section on portability agreements, which ties into estate tax planning.

Indiana’s challenge test is notably short. Section 31-11-3-8 lists only two grounds, which makes careful drafting at the start especially worthwhile.

Here are the core rules from chapter 31-11-3.

Written and Signed

Under § 31-11-3-4, the agreement must be in writing and signed by both partners. It binds them even without consideration.

Two Grounds for a Challenge

Section 31-11-3-8(a) lets the partner resisting enforcement defeat the agreement by proving either of these:

• Their signature wasn’t voluntary
• The terms were unconscionable at execution

Under § 31-11-3-8(c), unconscionability is a legal question for the court.

Extreme Hardship and Maintenance

Partners may modify or eliminate spousal maintenance. Even so, suppose that choice causes one partner extreme hardship under circumstances nobody could reasonably foresee at signing. Then § 31-11-3-8(b) lets a court order maintenance to the extent needed to avoid it.

Yes. Indiana Code 31-11-7-5 recognizes a portability agreement inside a premarital or postmarital agreement.

Under it, the deceased spouse’s personal representative must make a federal portability election after the death, for the survivor. The election relates to a deceased spousal unused exclusion (DSUE) amount under Section 2010(c)(5) of the Internal Revenue Code.

Several state rules support that promise:

• No separate consideration is required
• The promise survives even if a court strikes other provisions in the same agreement
• Its duties begin when a spouse dies
• A surviving spouse may petition for a special administrator to carry out the election

Tax rules are technical, so work with an estate planning attorney or tax professional on this clause.

1. List property, debts, and income. Share the full picture with each other.
2. Decide on maintenance terms. Keep the extreme-hardship rule in mind.
3. Consider a portability clause. Talk it through with an estate or tax adviser if either of you has a sizable estate.
4. Put both signatures on the final version. Do it before the wedding day.
5. Share a copy with your estate planner. A future personal representative will need to find it.

Section 31-11-3-5 lets an Indiana prenuptial agreement address property, its division, and changes to spousal maintenance. The same section keeps a child’s right to support off the table.

A practical list:

• Each partner’s separate property and debts
• Treatment of income earned during the marriage
• Maintenance terms, including any waiver
• A portability agreement, if it fits your estate plan
• Dated signature lines for each partner