There’s something special about building a life together in Indiana. Whether it’s the charm of small towns, the energy of cities like Indianapolis, or the deep sense of community that runs through the heart of the Hoosier state. Getting married here means more than just planning a beautiful wedding day. You’re also planning a meaningful life, side by side. And, for many couples, part of that planning includes creating a prenuptial agreement. This agreement isn’t entered into because of doubt. It’s entered into out of mutual respect for each other and for a desire for financial clarity. In Indiana, prenups are a smart and empowering way to have open conversations about your future, protect what matters most, and enter marriage on solid, transparent ground. Do I need a lawyer for a valid and enforceable prenup in Indiana? And, what are the requirements for a valid Indiana prenup? Let’s explore whether you should hire an attorney and how prenups work in Indiana.
Do we each need our own lawyer, or can only one of us hire one?
Indiana doesn’t require that each partner retain a lawyer, but legally speaking, it is highly recommended. Independent counsel offers layers of protection, and it signals that both parties entered into the agreement fully informed, freely, and fairly. Under Section 31 of the Indiana Code, a prenup can be tossed out if one party’s signature wasn’t voluntary or if the agreement was downright unfair at signing (i.e. unconscionable) (Indiana Code § 31‑11‑3‑8). Having your own attorney can help guard against both red flags. A shared lawyer risks cross-purpose conflict and vulnerability down the line.
In practical terms, a separate lawyer gives each of you a true advocate; someone confident in your goals, who can ask the other side’s questions and ensure everything’s on the table. Couples who bring different perspectives to the drafting table tend to feel more balanced, more secure, and more aligned in the end.
Can we share a lawyer?
Ethically and practically, it’s not a good idea to share legal representation for a prenup. One lawyer cannot fully represent two interests that may diverge. A conflict of interest can easily arise, even in the most amicable marriages, especially when financial complexity or emotional weight comes into play. Imagine issues around premarital debt, sudden inheritance, or a family home. A shared attorney may limit deeper exploration of those issues. Separate attorneys help surface potential pitfalls like how an unmarried child’s financial needs or pending litigation could shift fairness later. That level of clarity is hard to achieve when one voice has to juggle two futures.
Can I draft my own prenup?
Indiana law does allow for self-created prenups, as long as they’re in writing and properly signed. No consideration is required for these (Indiana Code 31-11-3-4.)But that freedom is a double-edged sword. While it’s accessible, DIY prenups often miss critical details like full asset disclosures, provisions for “future unknowns,” or tailored spousal maintenance clauses that can mean the difference between a court-upheld agreement and a costly fight. DIY agreements, where there was no professional legal guidance or review, are more likely to be challenged successfully. Clarity, negotiation, and fairness are the qualities that elevate a document from a generic template to a legally robust instrument. The cost savings of drafting your prenup on your own often don’t outweigh the stress or expense of unintended consequences later.
Where to find a prenup attorney in Indiana
There are many well-respected, experienced family law attorneys throughout the state of Indiana. Talk to trusted family and friends to get referrals for attorneys in your area. Just make sure that the lawyer you’re considering has experience in drafting prenups. You can also search the Indiana Bar website for attorney who practice family law. Tools like Avvo or Martindale‑Hubbell can also give you a quick peek at reviews and expertise. When debating which lawyer to choose, read reviews and have an initial conversation with them to ascertain whether this legal professional is the right one for you. If you use HelloPrenup, the platform allows you to view Indiana attorney profiles, reviews, and star ratings to make the best decision for you and your partner.
How much does a prenup lawyer cost in Indiana?
If you prefer local face-to-face advice, family law firms in cities like Indianapolis, Fort Wayne, and Bloomington often offer flat-fee prenup services ranging between $2,500 and $3,000, sometimes more, depending on the complexity of assets, the need for negotiations, and the location and experience of your attorney. Nationally, a recent HelloPrenup poll found that on average, couples spend approximately $8,000 for a prenuptial agreement. That’s a lot of money for soon-to-be newlyweds to spend! If you’re wary of attorney costs but understand their value, thoughtful options are available. For a balanced alternative, HelloPrenup offers fixed, transparent pricing. For Indiana couples, HelloPrenup’s base package is $599, with the option to speak with an Indiana-licensed attorney for a 20-minute Q&A for just $49 or hire an Indiana attorney for full prenup representation and signature at the heavily discounted price of $699.
What are the requirements for a valid and enforceable prenup in Indiana?
Indiana follows the Uniform Premarital Agreement Act, in effect since 1995. This legislation lays out four key rules:
- The prenup must be in writing and signed by both partners.
- No consideration (like money or promises) is needed to make it valid.
- It may address property rights, spousal maintenance, the fate of estates, insurance, and more. But child support or custody matters are not addressed in prenups.
- If ever challenged, the court looks at whether the signing was voluntary and whether fairness prevailed. Unconscionable or involuntary agreements can be voided, particularly where they create extreme hardship (Indiana Code § 31‑11‑3).
These laws aren’t just rules. They’re a framework for ensuring your agreement holds up not only as a document, but as a reflection of mutual fairness.
Why investing in legal clarity pays dividends
Let’s head back to real life and look at Zoe and Michael, who planned for a marriage with a home, entrepreneurial careers, and a high likelihood of caring for aging parents. They engaged attorneys early on in their prenup journey and defined clear terms for inheritance, business continuation, and even flexible provisions for future children and career changes. Fast-forward five years. While divorce wasn’t something they envisioned, the prenup held firm, giving both emotional distance and clarity when it mattered most. They saved more than money. They preserved dignity and independence.
Contrast that scenario with couples who skip legal help and rely on articles, apps, or scrawled agreements the night before the wedding. Indiana judges can and will overturn agreements for being rushed or unclear, leaving one or both partners at a legal and financial disadvantage, sometimes years into separation. The cost of attorneys might seem like a lot of money, but compared to what many couples spend on contested divorces and court fees, it’s a small price to pay.
Final thoughts on whether you need a lawyer for a valid and enforceable prenup in Indiana
In Indiana, a lawyer isn’t required to create a legally sound prenup—but in most cases, hiring one is a smart bet. Collaborating to draft a thoughtful and intentional prenup strengthens your relationship. Whether your concern is student loans, business ties, estate planning, or blended families, a well-drafted prenup can protect what you both value most while giving you the peace of mind that comes from honest communication and planning ahead for your futures.
My name is Carla Garino. I am a founding partner of Webster & Garino LLC, with offices located in Westfield, Indiana, and Bloomington, Indiana. I am a graduate of the Maurer School of Law at Indiana University Bloomington. I have practiced for more than twenty years and now focus on assisting clients with premarital agreements and estate plans, as well as small business development. Part of my personal and work ethic is to focus on listening, education, and understanding.
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