Marriage and Divorce

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  • Topic: Marriage, Prenuptial agreement, Uniform Premarital Agreement Act
  • Pages : 3 (613 words )
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  • Published : October 7, 2011
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Family Law
P85Unit 2 Short Paper

Memo Prenuptial Agreements Indiana

1.) What is the Uniform Premarital Agreement Act and has your jurisdiction adopted it? The uniform premarital agreement act allows the couple to choose which states jurisdiction that they want their contract to reside. The couple has the ability to choose where there married and what whatever state they want to reside.

There are only 25 states that adopted the uniform act and Indiana is one of them.

2.) What are the legal requirements of a valid prenuptial agreement in your jurisdiction? (Indiana)

A.) The agreement has to be in writing
B.) The forms have to be reviewed by an attorney
C.) Both parties must voluntarily execute the agreement
D.) Both parties must engage in full disclosure of their respective situations at the time the document is executed. E.) Both parties must sign the document in the presence of a notary public F.) The agreement cannot be unreasonably unfair to one of the parties G.) Both parties must be free of other marriages

3.) What factors can invalidate a prenuptial agreement?

The main factor can that invalidate a prenuptial agreement is if the agreement was not valid in the first place. If one party initially had cruel intentions for the other spouse, the agreement is invalid. It can be invalid if the other party was not there and the documents were falsified prior to marriage. If any of these documents were altered, this document is in question.

4. Citation of Indiana state statutes- law.cornell.edu/citation/state-samples/sample_Indiana.htm

5.) Should prenuptial agreements be compulsory?

Yes, I do believe that these agreements should be mandatory and enforced by every state. This precaution should be taken just in case you ever have to file a divorce and go through the separation proceedings. If the parties have a prenuptial agreement then they will already have a little foundation about what is going to happen with the...
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