As families become more diverse and non-traditional, the law evolves to address their needs. Whether you require a premarital agreement, guardianship, name change, simple estate planning or other service, BKR in Indianapolis can help you.
Rights of Unmarried Couples, Co-Parent Adoptions and Cohabitation Agreements in Indiana
In today’s world, more and more couples are forming families without marriage. For some, the decision is a choice. For others, their decision is made for them as Indiana does not recognize marriage between individuals of the same sex. While the law moves slowly and has not yet fully evolved in relation to the social trends, unmarried cohabitants in Indiana have certain rights under the law.
When unmarried individuals purchase real estate together, their interests in that real estate can be addressed should the relationship end. The legal mechanism for this division is called a partition action. Dividing personal property or debt between unmarried individuals is not as simple under Indiana law. If a couple elects not to marry or cannot marry, they should seek legal advice regarding a cohabitation agreement. Similar in nature to premarital agreements, cohabitation agreements between individuals are recognized as contracts under Indiana law. By taking the time to think about property issues at the beginning of a relationship, the significant emotional and financial hardship that can exist when a relationship ends may be avoided.
One of the most controversial topics related to non-traditional families is co-parent adoption. The most common co-parents adoptions involve a partner adopting the biological child(ren) of his/her significant other, partners adopting a child born of a surrogate, and partners adopting special-needs children or wards of the State. Indiana courts have been progressive in extending parental rights to unmarried couples – including same-sex couples. Ironically, however, the decisions of the courts appear to directly contradict Indiana’s adoption statutes. Given the conflict between the statute and case law, the ability of co-parents or same-sex partners to adopt children is in a constant state of flux and could change at any time. The Indianapolis family law attorneys at BKR dedicate themselves to knowing not only applicable law, but also the latest trends and judicial attitudes regarding co-parent adoptions in Indiana.
A premarital agreement is a legally-binding contract between two individuals who intend to be married. Often referred to as a “prenuptial agreement” or “prenup,” a premarital agreement is executed in contemplation of marriage and becomes effective upon marriage. Indiana enforces such agreements, and has adopted its version of the Uniform Premarital Agreement Act. To be enforceable in Indiana, the agreement must be in writing and signed by both parties, and each party must have voluntarily executed the agreement.
Premarital agreements can be an effective planning tool for the disposition of assets and debts upon the termination of the parties’ marriage. Most premarital agreements address the disposition of real estate, business assets, retirement benefits, debts, and the issue of spousal maintenance post-divorce. Because premarital agreements are binding contracts, you should thoroughly review the agreement with your divorce or family law attorney prior to signing the agreement.
Indiana Premarital Agreements FAQs
What is a prenuptial agreement?
Premarital agreements, also known as prenuptial agreements, are agreements entered into in anticipation of marriage. These agreements designate how property will pass upon the death of one of the parties or upon the dissolution of the marriage.
Why do parties enter into a prenuptial agreement?
Typically parties enter into such an agreement because they want their property to pass or be divided in a way that is contrary to how it would pass or be divided according to state statute. Provisions regarding the custody and support of children are generally not included in these agreements as they have been found to be unenforceable.
Can prenuptial agreements be a valuable tool for parties?
Premarital agreements can be a valuable tool for parties wanting to protect assets earned prior to the marriage for themselves or their children. To be successful the parties should start the process of drafting their agreement well in advance of the wedding date and be willing to fully disclose their financial positions at the time the contract will be signed.
Who needs a prenuptial agreement?
A prenuptial agreement can be a valuable planning tool for any couple wanting to add certainty to their financial future and for those who agree they would want to do things a little differently than state statutes provides if their marriage were to end.
Does a prenuptial agreement override property division rules in divorce?
An appropriately drafted prenuptial agreement will override typical property division rules in divorce. If you work with a lawyer who is experienced in drafting premarital agreements, she will know the pitfalls to avoid so you and your future spouse ultimately have control over how your property will be divided.
Third Party Custody
In Indiana, anyone may request custody of a child. The person requesting custody need not be related to the child, nor does he/she have to be a “de facto custodian” to have the right to file a request for custody. However, Indiana also recognizes strong presumption that biological parents should have custody of their children. Third parties who wish to rebut this presumption must have compelling evidence to litigate their cause successfully. The Indianapolis family law attorneys at BKR have extensive experience with these types of cases representing third parties, biological parents, and representing the children as Guardians ad Litem in Indiana.
When one becomes incapacitated or is presumed incapacitated (in the case of minors), friends and families often help them by becoming their guardians. Guardianship differs from third-party custody actions in two significant ways. First, one can seek guardianship for an adult as well as for a child. Second, guardianships are governed by a completely different set of Indiana laws than those relating to custody. Guardians have duties to protect the physical health and safety of their ward, and they also have special duties related to any assets or income of their ward. Due to the laws and rules by which guardians must abide in Indiana, one should seek sound legal advice before accepting responsibility for another individual.
Adults can change their first or last names without citing or proving any particular reason. Adult name changes are relatively quick and simple legal proceedings in Indiana. The person seeking the name change requests the same from the court. Their request is published in a local newspaper. After a requisite time period, the matter is set for a brief hearing. Individuals may not change their names in an effort to evade creditors or legal process.
To change the name of a child, both parents must consent. A child’s name may be changed without parental consent in some, select circumstances.
No one likes to think about his/her own demise. However, the only guarantee in life is that eventually, we will all pass. Creating a simple estate plan provides individuals with peace of mind. At BKR, we recommend four basic estate planning documents: a will, a living will, a health care power of attorney, and a general durable power of attorney. Completing these four documents helps insure that your wishes will be honored in the event of your incapacity or death.
Contact us today to schedule a consultation about family law services in Central Indiana!
Whether you require a premarital or cohabitation agreement, guardianship, third-party custody, name change, estate planning, or other family law service in Indiana, the attorneys at Broyles Kight & Ricafort, P.C. can help. Our family law attorneys provide legal advice and representation to clients throughout Indiana, including Greenwood, Franklin, Carmel, Noblesville, Lebanon, Danville, Avon, Zionsville, Anderson, and Richmond.
To schedule a consultation to discuss your family law needs, call 317-571-3601.