Prenuptial Agreement Lawyers in Indiana

Welcome to the land of corn, basketball, and county fairs. Whether you’re in Bloomington, Indianapolis, or Gary, getting a prenup in the Hoosier State may be a good idea! But where to start? Well, the first thing that comes to mind is probably how to find a prenup lawyer in Indiana… or if you even need one in the first place. We cover all that and much more, so keep reading to learn everything you need to know about prenups and prenup lawyers in America’s heartland, Indiana.

The answer is no, a prenup lawyer is not a prerequisite for a valid and enforceable prenup in Indiana. However, having a lawyer may become a factor that is considered if the agreement is ever challenged. Wait, what? That’s confusing. Basically, in plain English, you don’t need a prenup lawyer to have your prenup be upheld. However, if your prenup is ever challenged based on unconscionability, an Indiana court will look at all of the circumstances of your situation, including whether each party had independent legal advice. So, if there was lack of independent legal advice, and other circumstances, a court may throw out the agreement. (See Fetters v. Fetters, 26 N.E.3d 1016, 1021 (Ind. Ct. App. 2015)).

Let’s take a look at a case (Fetters v. Fetters) where a prenup was thrown out and the court considered a lack of independent legal advice as a factor. In 2015, Jay Fetters engaged in a sexual relationship with Julie, a 14-year-old, when he was 29-years old. A year into the relationship, when Julie was 15, she became impregnated by Jay. To avoid police investigation, they got married. However, before the wedding Jay insisted on a prenuptial agreement that kept all of his property separate. Julie was 16 years old when she signed off on the prenup, along with her mother who also signed the prenup. Of note is that Julie could barely read and had no attorney to explain the terms to her. Based on multiple factors, Julie’s age, the nature of the sexual relationship, Julie’s lack of education, lack of understanding the agreement, and lack of an attorney, the court ruled this prenup to be unconscionable and not enforceable. 

As you can see in the case above, the presence of various circumstances played a significant role. While the absence of legal advice may or may not have invalidated the agreement, when examining the case holistically, the involvement of an attorney did have an impact here.

How to find a good prenuptial agreement lawyer in Indiana

One way to find a good prenup lawyer is to ask your network. You can start by asking your friends and family, “Hoosier prenup lawyer?” (Get it: who’s your… prenup lawyer…). Jokes aside, asking your trusted network about their experiences with prenup lawyers is a great way to find one for yourself. They’ve already dealt with this specific attorney and can give you great insights on how they practice and whether or not it would be a good fit for you.

Another tried and true way to find an excellent prenup attorney is to check Indiana’s bar association website. There is also the Indianapolis bar association, Monroe County bar association, and more. These associations offer ways to find a good prenup attorney near you. They often have referral pages or lawyer lookup pages that help filter your search for a lawyer.

Finally, there’s always Google to turn to. You can try searching terms like “Indiana prenup attorney” or “Bloomington family law attorney” or something of the like. Just remember to check out the attorney’s website and their client reviews to ensure the lawyer fits your needs and is reputable.

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