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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
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  5. What Are The Benefits Of A Premarital Agreement?

What Are The Benefits Of A Premarital Agreement?

On Behalf of Dixon & Moseley, P.C. | Oct 23, 2019 | Family Law, Prenuptial Agreements

Often times, individuals feel like asking their soon to be spouse to sign a premarital agreement may be disrespectful, or that even having a conversation about signing one may be awkward. However, premarital agreements, also referred to as prenuptial agreements, actually offer a lot of benefits to couples. While couples contemplating marriage should certainly shoot for the goal of remaining married, unfortunately, life happens, and relationships get strained. Premarital agreements are a way to “hope for the best, and expect the worst.” This blog looks at some of the benefits premarital agreements can offer to prospective spouses.

Full Disclosure. Many couples enter into a marriage without knowing the full extent of their significant other’s financial situation. One of the requirements for a valid premarital agreement is a full disclosure of assets and debts prior to the marriage. This gives individuals an opportunity to know the financial welfare of the other, as well as knowing how much debt, if any, the other is in. Full disclosure can help you from getting blindsided by the other’s financial situation upon marriage.

Protection of Assets. A common benefit, one you probably know of, is asset protection. A premarital agreement is a contract. As such, parties are free to contract with each however they so choose, albeit, subject to a few exceptions. This allows individuals to protect the assets they bring into the marriage by coming to an agreement beforehand. In addition, individuals can also protect future assets, such as inheritance.

Estate Planning. A premarital agreement is not only a tool to use in instances of divorce, but it is also a tool individuals can use as part of their estate planning. Being a contract, premarital agreements oftentimes trump state estate laws. Therefore, individuals looking to ensure their property is distributed upon their death according to their wishes should consider a premarital agreement as a way of helping accomplish this goal.

Prevent the State from Dividing Your Property. Upon divorce in Indiana, courts presume that a 50/50 division of marital assets is just and reasonable. Marital assets are considered to be all assets, regardless of whether they were acquired before or during the marriage, and regardless of whose name the asset is titled in. A premarital agreement offers a great way to protect your property upon divorce, while also avoiding interference by the court. Another bonus is that less interference by the court also tends to mean less money spent on court fees and attorney bills.

Premarital agreements offer individuals a lot of benefits, from asset protection to estate planning. But remember, premarital agreements are contracts. As such, they must be carefully drafted to include the necessities of a binding contract including full disclosure; in a larger estate, this is typically best handled by counsel for each side.

This blog post was written by attorneys at Dixon & Moseley, P.C. who handle the full spectrum of domestic and estate planning issues, ranging from premarital agreements, challenges to premarital agreements, estate planning, divorces, and 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.

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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Recent Posts

  • 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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