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  5. Breaking News, What You Need To Know: Court Of Appeals Finds Pre-Nuptial Agreement Valid Despite Missing Exhibit

Breaking News, What You Need To Know: Court Of Appeals Finds Pre-Nuptial Agreement Valid Despite Missing Exhibit

On Behalf of Dixon & Moseley, P.C. | May 30, 2019 | Appellate Practice, Divorce, Indiana Court of Appeals

Divorces are hard. They bring a lot of emotional heartache. One such tool that couples can use to attempt to avoid some of this heartache in the unfortunate event of a divorce is what is known as a pre-nuptial agreement. Pre-nuptial agreements determine how property will be divided upon divorce. Pre-nuptial agreements are contracts, and like contracts, certain requirements must be met in order to be considered valid. While pre-nuptial agreements are very fact specific, they are generally considered valid as long as they are entered into freely and without fraud, duress, or misrepresentation, and are not unconscionable. What makes a pre-nuptial agreement unconscionable is left to the discretion of the trial court. What is not unconscionable, as the Court of Appeals made clear in Perrill v. Perrill1, is a mere missing exhibit if that was the only claim for unconscionability.

In Perrill, Husband and Wife signed a pre-nuptial agreement prior to getting married in 2008. Husband had his attorney draft the pre-nuptial agreement, and Wife obtained separate counsel to review the agreement before signing the same. Both parties freely signed the agreement and had their attorneys each review same. Pursuant to the agreement, Wife’s separate property was listed in “Exhibit A,” whereas Husband’s separate property was listed in “Exhibit B.” In 2017, the parties filed for divorce. Upon filing for divorce, Husband produced the pre-nuptial agreement, but Wife’s Exhibit A was missing from the document. At trial, Wife argued that the agreement was unenforceable because of the missing Exhibit A. The Trial Court agreed, and found that the pre-nuptial agreement was unconscionable due to the missing Exhibit A. Husband thereby subsequently appealed the Trial Court’s decision.

On appeal, the Court of Appeals began by looking at the enforceability of the pre-nuptial agreement. The Court noted the general rule that Courts favor pre-nuptial agreements and will liberally construe same to be enforceable. The Court went on to discuss that a pre-nuptial agreement must have “mutual assent or a meeting of the minds on all essential elements or terms in order to form a binding contract.” In the case at hand, the Court did not find an attachment to be an essential term, specifically noting “[w]hile we agree that Wife’s Exhibit A would give more context to the identity of Wife’s premarital property, the identification of the property is not essential.” As such, the Court found the pre-nuptial agreement to be enforceable. The Court also did not find the pre-nuptial agreement to be unconscionable. The Court pointed out the fact that Wife testified she would not contest the validity of the pre-nuptial agreement if Exhibit A had been included. As such, the Court found that the “lack of Exhibit A does not make the Agreement unconscionable.”

This case highlights the importance of the ever-changing legal landscape. Knowing the status of developments in the law is the key to protecting your rights, as well as being an engaged citizenry in our participatory system of government This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle the full spectrum of domestic issues, ranging from premarital agreements, challenges to premarital agreements to divorces to appeals. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Perrill v. Perrill, 18A-DN-1616, (Ind. Ct. App. 2019).
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    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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