The UPMAA: The Future for Indiana Post-Marital Agreements?

Business litigation and family law partner Drew Soshnick authored an article for Indiana Lawyer titled “The UPMAA: The future for Indiana post-marital agreements?” addressing the question of whether post-marital agreements are needed in Indiana law.

Soshnick explains that Indiana adopted its version of the Uniform Premarital Agreement Act to provide consistent rules and procedures, but it did not apply to or deal with post-marital agreements. This was remedied by the Uniform Law Commission drafting the Uniform Premarital and Marital Agreements Act (UPMAA) to provide uniform standards for post-marital agreements, he says.

The article notes that the goal of the UPMAA has not been realized due, in part, to seemingly inconsistent provisions and the difficult policy considerations for contracts between spouses. Soshnick highlights a history of post-nuptial agreements in Indiana and suggested that some statutory guidance, not necessarily the UPMAA, was necessary

The full article is available to Indiana Lawyer subscribers.