PREMARITAL AGREEMENT

(State of Indiana)

[// GUIDANCE: This template is drafted to comply with the Indiana Premarital Agreement Act, Ind. Code § 31-11-3-1 et seq. Customize bracketed fields, attach the required financial disclosure schedules, and obtain independent counsel review for each Party before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Schedule A—Party A Disclosure Statement
Schedule B—Party B Disclosure Statement

I. DOCUMENT HEADER

1. Title; Parties; Effective Date
   1.1 This Premarital Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”), and [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each a “Party”).

2. Recitals
   2.1 The Parties contemplate legal marriage to each other on or about [MARRIAGE DATE] (the “Marriage”).
   2.2 Pursuant to Ind. Code § 31-11-3-3, the Parties desire to establish their respective rights and obligations in property, income, and liabilities, both presently owned and hereafter acquired, and to make any additional arrangements as may be desirable should the Marriage be dissolved by any means, including death.
   2.3 Each Party enters into this Agreement voluntarily, free of duress, and after full and fair disclosure of the other Party’s property and financial obligations, as detailed in Schedules A and B attached hereto.
   2.4 Adequate and legal consideration exists for this Agreement by virtue of the mutual promises herein and the contemplated Marriage.

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below:

“Act” means the Indiana Premarital Agreement Act, Ind. Code § 31-11-3-1 et seq.
“Affiliate” means with respect to a Party, an entity that controls, is controlled by, or is under common control with that Party.
“Community Property” has the meaning assigned in Section 3.1.
“Confidential Information” means all non-public personal, financial, or proprietary information disclosed by a Party.
“Disclosure Schedules” means Schedule A (Party A’s Disclosure Statement) and Schedule B (Party B’s Disclosure Statement).
“Marital Estate” means the aggregate of all Community Property existing at the time of any Dissolution Event.
“Separate Property” has the meaning assigned in Section 3.2.
“Support Obligation” means any child support, post-secondary educational support, or other obligation that, by law, may not be waived or limited by premarital agreement.

III. OPERATIVE PROVISIONS

3. Classification and Ownership of Property
   3.1 Community Property. The Parties elect to create during the Marriage a limited class of assets jointly owned (“Community Property”) consisting solely of:
   (a) Property the Parties expressly designate in a signed writing as Community Property; and
   (b) Joint financial accounts titled in both Parties’ names with rights of survivorship.
   3.2 Separate Property. Except as expressly designated Community Property, any property—real, personal, tangible, or intangible—owned by a Party before the Marriage or acquired thereafter by gift, inheritance, devise, or descent shall remain that Party’s “Separate Property,” including all rents, profits, appreciation, and proceeds therefrom.
   3.3 Management and Control. Each Party shall have the exclusive right to manage, control, hypothecate, transfer, encumber, dispose of, or otherwise deal with his or her Separate Property without require­ment of consent from the other Party.

4. Income & Earnings
   4.1 Earnings from Separate Property shall follow the character of the underlying asset.
   4.2 Wages, salaries, and professional or business income earned during the Marriage shall be treated as Separate Property of the Party earning such income unless expressly contributed to Community Property.

5. Debts & Liabilities
   5.1 Each Party shall be solely liable for debts incurred before the Marriage and for debts incurred individually during the Marriage, and shall indemnify the other Party in accordance with Section 7.1.
   5.2 Joint debts expressly undertaken in writing by both Parties shall be a joint and several obligation.

6. Spousal Maintenance / Alimony
   6.1 Waiver. Subject to Section 6.2, each Party knowingly and voluntarily waives any and all rights to temporary, rehabilitative, or permanent spousal maintenance, except as may be required to prevent the other Party from becoming a public charge.
   6.2 Court Override. Pursuant to Ind. Code § 31-11-3-8(c), if enforcement of Section 6.1 would result in one Party’s eligibility for public assistance at the time of separation or dissolution, a court may require the other Party to provide sufficient maintenance to avoid that result.

7. Estate Planning & Death Benefits
   7.1 Elective Share Waiver. Each Party waives any statutory right to elect against the other Party’s will or intestate estate.
   7.2 Beneficiary Designations. Each Party retains full discretion to designate beneficiaries on life insurance, retirement accounts, and payable-on-death assets, consistent with the terms of this Agreement.

8. Conditions Precedent & Subsequent
   8.1 Effectiveness. This Agreement is conditioned upon solemnization of the Marriage. If the Marriage does not occur within one (1) year after the Effective Date, this Agreement shall automatically terminate.
   8.2 Amendment. After the Marriage, this Agreement may be amended or revoked only by a written agreement signed by both Parties pursuant to Ind. Code § 31-11-3-5.

IV. REPRESENTATIONS & WARRANTIES

9. Mutual Representations
   Each Party represents, warrants, and covenants to the other, as of the Effective Date, that:
   (a) Capacity. They are at least eighteen (18) years of age and possess full legal capacity to enter into this Agreement.
   (b) Voluntariness. Execution of this Agreement is voluntary and not the result of fraud, duress, or undue influence.
   (c) Legal Counsel. They have had the opportunity to consult independent legal counsel of their choice.
   (d) Full Disclosure. They have provided fair and reasonable disclosure of their property and financial obligations, as set forth in the Disclosure Schedules.
   (e) Accuracy. The financial information in the Disclosure Schedules is true, complete, and correct in all material respects.

10. Survival
    All representations and warranties shall survive execution of this Agreement and the Marriage.

V. COVENANTS & RESTRICTIONS

11. Confidentiality
    Each Party shall keep Confidential Information of the other Party in strict confidence and use such information solely for purposes consistent with this Agreement, subject to legal process.

12. Further Assurances
    The Parties shall execute and deliver such additional instruments and take such actions as may be reasonably necessary to effectuate the intent of this Agreement.

13. Notice
    13.1 Any notice required under this Agreement shall be in writing and delivered by (i) certified mail, return receipt requested, (ii) nationally recognized overnight courier, or (iii) personal delivery, in each case to the receiving Party’s address stated above (or such other address as may be designated in writing).
    13.2 Notice is deemed given upon receipt or refusal. A Party’s failure to update its address shall not affect validity if notice is sent to the last address provided.

VI. DEFAULT & REMEDIES

14. Events of Default
    An “Event of Default” occurs if:
    (a) A Party materially breaches any provision of this Agreement;
    (b) A Party fails to timely provide notice or perform a required act within any cure period specified herein; or
    (c) Any representation or warranty proves materially false when made.

15. Cure Period
    The defaulting Party shall have thirty (30) days after receipt of written notice to cure any Event of Default, unless the breach is incapable of cure.

16. Remedies
    16.1 Specific Performance. Because damages would be an inadequate remedy, the Parties agree that the non-defaulting Party shall be entitled to specific performance or injunctive relief, without the necessity of posting bond, in any court of competent jurisdiction.
    16.2 Monetary Damages. Subject to the limitations set forth in Section 7.2, the non-defaulting Party may also seek actual damages, costs, and attorneys’ fees.
    16.3 Cumulative Remedies. All remedies herein are cumulative and in addition to any other remedy available at law or equity.

VII. RISK ALLOCATION

17. Mutual Indemnification
    17.1 Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates (each, an “Indemnified Party”) from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
    (i) the Indemnifying Party’s Separate Property or separate debts;
    (ii) any breach of this Agreement by the Indemnifying Party; or
    (iii) any misrepresentation in the Disclosure Schedules.

18. Limitation of Liability
    18.1 Liability Cap. Except for fraud or willful misconduct, the aggregate liability of either Party to the other under this Agreement shall not exceed [DOLLAR AMOUNT] (the “Liability Cap”).
    18.2 Excluded Damages. Neither Party shall be liable for punitive or consequential damages.

19. Force Majeure
    No Party shall be liable for failure or delay in performance (other than payment obligations) if due to circumstances beyond reasonable control, including acts of God, governmental action, or national emergency.

VIII. DISPUTE RESOLUTION

20. Governing Law
    This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the substantive laws of the State of Indiana, without regard to conflict-of-law principles.

21. Forum Selection
    Subject to Section 22, the Parties irrevocably consent to the exclusive jurisdiction of the [COUNTY] Superior Court, Family Division, State of Indiana, for any action arising out of or relating to this Agreement.

22. Arbitration (Limited Scope)
    22.1 Arbitrable Matters. Except for (i) Support Obligations and (ii) any matter over which the court retains exclusive statutory jurisdiction, any property-related dispute arising from this Agreement shall, upon written request of either Party, be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
    22.2 Location; Authority. Arbitration shall be conducted in [CITY], Indiana, before a single arbitrator who shall apply Indiana law and may grant any remedy available at law or equity.
    22.3 Court Assistance. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

23. Waiver of Jury Trial
    The Parties acknowledge that actions in Indiana family courts are tried without a jury; accordingly, no jury waiver is necessary.

24. Injunctive Relief
    Notwithstanding Section 22, either Party may seek temporary or permanent injunctive relief or specific performance in a court of competent jurisdiction to enforce the terms of this Agreement.

IX. GENERAL PROVISIONS

25. Amendment & Waiver
    No amendment or waiver of any provision of this Agreement shall be valid unless set forth in a written instrument signed by both Parties. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.

26. Assignment
    This Agreement is personal to the Parties and may not be assigned or delegated by either Party without the prior written consent of the other; provided, however, that either Party may assign rights with respect to his or her Separate Property by testamentary or inter vivos transfer.

27. Successors & Assigns
    This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.

28. Severability & Reformation
    If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force. The Parties authorize any court of competent jurisdiction to modify unenforceable provisions to the minimum extent necessary to render them enforceable while preserving the Parties’ intent.

29. Integration
    This Agreement, including the Disclosure Schedules and any contemporaneous written amendments, constitutes the entire agreement of the Parties concerning the subject matter and supersedes all prior or contemporaneous oral or written understandings.

30. Counterparts; Electronic Signatures
    This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Signatures delivered via facsimile, PDF, or certified electronic signature platform shall be deemed original for all purposes.

31. Headings
    Section headings are for convenience only and shall not affect interpretation.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement as of the Effective Date first above written.

Notary Acknowledgment

State of Indiana )
) ss:
County of ____ )

On this _ day of __, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A FULL LEGAL NAME] and [PARTY B FULL LEGAL NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My Commission Expires: ___
County of Residence: _____

Schedule A

Party A Disclosure Statement
[Attach detailed list of assets, liabilities, income, and contingent liabilities, together with supporting documentation.]

Schedule B

Party B Disclosure Statement
[Attach detailed list of assets, liabilities, income, and contingent liabilities, together with supporting documentation.]

[// GUIDANCE: Attachments must be completed in full, and each Party should initial every page (including schedules) to strengthen evidentiary value. For added enforceability, execute well in advance of the wedding date and retain separate counsel certification letters.]