Prenuptial Agreements and Postnuptial Agreements: What to Know
By: Brian K. Zoeller and Nicole Makris, Attorneys
Prenuptial agreements and postnuptial agreements are practical resources for couples seeking to simplify the property aspects of their relationships by designating how the property and debts of their marriage will be distributed in the event of a future legal separation, divorce, death, or other event.
What is a Prenuptial Agreement?
Far from a new concept, the ancestor of today’s prenuptial agreement, also known as a premarital or antenuptial agreement, is estimated to date back around 2,000 years. Under Indiana Code 31-11-3-2, a premarital agreement is an agreement between prospective spouses that is executed in contemplation of marriage 
and becomes effective upon marriage. These agreements define the parties’ property rights in the event of legal separation, divorce, death, or other events. Because of this, courts have noted that prenuptial agreements are favored in that they can resolve property issues that otherwise would be the source of litigation.
In order for a prenuptial agreement to be valid, the agreement must be in writing, cannot be unconscionable, and must be entered into freely, without fraud, duress or misrepresentation. Full disclosure between the soon-to-be spouses as to their individual assets and debts is extremely important when entering into a prenuptial agreement to insure their enforcement.
Prenuptial agreements can prove to be extremely valuable in the event of legal separation or divorce by outlining each spouse’s property rights, from real estate to bank accounts. Prenuptial agreements also distinguish responsibility for the debts of the couple, such as student loans and credit cards. Having an agreement on these issues before marriage can minimize the number of issues that the couple would otherwise have to determine if a spouse later files for legal separation or divorce.
What is a Postnuptial Agreement?
Postnuptial agreements, also known as reconciliation agreements, are a useful option for couples who are facing the possibility of divorce but are willing to reconcile. When there has been infidelity or other conflicts in the marriage, postnuptial agreements provide couples with the opportunity to reconcile while outlining their respective rights and responsibilities as to marital property and debts in the event that the relationship ends in the future.
The key distinction between prenuptial agreements and postnuptial agreements is that postnuptial agreements take place after the couple is married rather than before the marriage. As with prenuptial agreements, the couple should fully disclose to one another the extent of their assets and debts.
Prenuptial agreements and postnuptial agreements are useful tools for couples who wish to clearly outline how the marital estate is to be divided in case a legal separation, divorce, death, or other event occurs in the future.
Effective Appellate Briefing
By: Arend J. Abel, Attorney
What’s the best way to write an effective appellate brief? The short answer is to use every part of the brief as an opportunity for advocacy. Here are some section-by-section tips for doing so.
The Table of Contents
The first thing the court sees when opening the brief is the table of contents. A good table of contents will be an outline of the argument, so the Court can read, understand, and hopefully be persuaded by the argument before ever reading a substantive paragraph of the brief. The best way to create such an outline is to make sure each heading in the argument is a full statement of one of the points of the argument, not just a statement of the subject of the section or subsection. So, a heading that says, for example, “The Statute of Limitations Did Not Begin to Run Until Mr. Brown Learned Smith Was Planning to Sell the Business When He Bought Mr. Brown’s Stock” is superior to one that simply says “The Statute of Limitations Has Not Run” or a subject heading “Statute of Limitations.” Worse still is the uninformative heading “The Trial Court Erred in Granting Summary Judgment.”
Do Bigger Semi-Trucks Make Roads More Dangerous for Drivers?
By: Alexander C. Trueblood, Attorney
It doesn’t take a deep dive into semi-truck accident statistics to learn that the sheer size and weight of these vehicles contributes to the devastating impact and severity of injuries suffered by occupants of passenger vehicles involved in a crash. According to Indiana State Police crash records, fatal injuries involving large commercial vehicles including semi-trucks have increased 4.9% from 2010 to 2014. Additionally, the number of people who have suffered incapacitating injuries involving a collision with a commercial truck have also increased 15.1% during that same timeframe. Overall, economic costs of motor vehicle collisions in Indiana approached $3.8 billion in 2014.
What Effect Does Direct-To-Consumer Drug Advertising Have on Patient Safety?
Consumers are bombarded daily by advertisements for pharmaceutical drugs via television commercials, magazine advertisements, banner ads displayed on their computers, and emails. How does this constant stream of information impact a person’s decision to seek medical advice or inquire about a particular drug? What impact, if any, do these advertisements have on drug safety for patients?
Indiana Supreme Court Reaffirms Separate Indiana Summary Judgment Standard
By: Arend J. Abel, Attorney
Two and a half years ago, I wrote a blog article wondering whether a decision from the Court of Appeals signaled a change in Indiana’s summary judgment standard. Now we have the answer. In a unanimous decision in Hughley v. State, which Indiana’s Chief Justice Loretta Rush wrote, the Indiana Supreme Court reaffirmed the Indiana summary judgment standard.
FDA Issues Draft of Social Media Guidelines for Medical Product Manufacturers
The FDA is responsible for regulating the manufacture, sale, and distribution of drugs and medical devices in the United States including the oversight of the labeling of drugs and medical devices and the advertising of prescription drugs and restricted medical devices.
Digital communication related to advertising, more specifically—blogs, Twitter, Facebook, and company websites– is one area that the FDA has not specifically addressed until recently.
Does Your Business Entity Really Protect You from Personal Liability?
by: Arend J. Abel, Attorney
Business owners often form entities such as Corporations, Limited Liability Companies (LLCs) or Limited Liability Partnerships (LLPs). Frequently, such entities are formed at the advice of lawyers, accountants, or other business advisors, to limit the business owner’s liability. But do they?
The answer, as in so many areas of law and business, is “it depends.” It depends on both the type of liability and the manner in which the business owner has dealt with corporate matters.
A Guide to Special Needs Guardianship: Guest Post by Melissa L. Stuart
by: Melissa L. Stuart, Attorney
When your special needs child turns 18, they become a legal adult. Guardianship is a legal action that can allow you to continue to care for your child by making decisions about their healthcare and finances. My recent article on the Friendship Circle Blog discusses some things to consider about filing for guardianship.
Read Our Blog
Stay up to date with current news, trends, and updates in the legal industry by reading recent blog posts written by the knowledgeable attorneys at Cohen & Malad, LLP.