Friday, January 4, 2008

Today's Prenuptial Agreements Post - statutes, child custody, and why you might need one

Anyone looking for Indiana's statutes on prenuptial agreements need only look at IC 31-11-3. I see from the traffic here that someone was looking for them and then I do not think I have pointed out where to find Indiana's statute online.

Looking over a Google searches that brought one person to this blog, I see they wanted to know about prenuptial agreements and child custody. Frankly, I think a prenuptial agreement that includes a custody provision will fail. First, a prenup agreement concerns itself with property and children are certainly not property. Second, a prenuptial agreement as defined comes into existence before marriage and presumably before the existence of any children. The Indiana statute defining prenuptial agreements is as follows:

"IC 31-11-3-2 'Premarital agreement' defined Sec. 2. As used in this chapter, 'premarital agreement' means an agreement between prospective spouses that: (1) is executed in contemplation of marriage; and (2) becomes effective upon marriage. As added by P.L.1-1997, SEC.3."
Lastly, the court has the power to take upon themselves the question of whether a custody agreement is in the best interests of the child. You might want to take a look at my child custody articles.

Finally, from the Virginia Family Law Blog comes 7 special circumstances that scream out for a prenuptial agreement. Another article explaining why you may need (and should certainly consider) a prenuptial agreement. You can others by clicking on the link "prenuptial agreements" below. The reasons remain the same - property needing protection - but I am not sure that anyone is really paying attention. I am about to become a Colts fan, I am so blue in the face.

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