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COA clears way for broader use of Postnuptial agreements

COA clears way for broader use of Postnuptial agreements

  • July 30, 2015
  • Devon Sharpe
  • Comments Off on COA clears way for broader use of Postnuptial agreements
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(The Indiana Lawyer) – A February decision by the Indiana Court of Appeals makes postnuptial agreements a more attractive option for married couples who, considering divorce, decide instead to reconcile.

Premarital agreements have been recognized in Indiana for decades as a valid contract to determine property rights in the event of a dissolution of marriage. In 1985, the Indiana Supreme Court, recognizing an evolution of both marriage laws and marriage as an institution, first held that a premarital agreement could be valid to determine spouses’ respective rights upon a dissolution of their marriage (In re Boren, 475 N.E. 2d 690 (Ind. 1985)). Prior to Boren, (More…)

The case is Hall v. Hall, 27 N.E.3d 281 (Ind. Ct. App. 2015)