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Why Would You Need a Prenuptial Agreement for an International Marriage?

A Focus on Estate Planning and Elective Shares

Marriage is a beautiful union that transcends borders and cultures, especially in international marriages. However, marriage is also a legal contract that carries significant financial and estate planning implications. One essential tool for protecting your interests, especially in international marriages, is a prenuptial agreement. This is particularly true when it comes to estate planning and restricting a surviving spouse’s elective share.

What is a Surviving Spouse’s Elective Share?

Under Indiana law, a surviving spouse has a statutory right to claim an "elective share" of their deceased spouse’s estate, even if the will provides for a different distribution. According to Indiana Code § 29-1-3-1, a surviving spouse may elect to take one-third of the deceased spouse's net estate instead of what was provided in the will or through intestate succession.

The purpose of the elective share is to protect spouses from disinheritance. However, for international couples or those with complex estate plans, the elective share can disrupt intended asset distribution, especially when assets are meant to go to children from a previous marriage or are located in multiple jurisdictions.

Restricting the Elective Share with a Prenuptial Agreement

In Indiana, a prenuptial agreement can waive the surviving spouse’s right to the elective share, provided the agreement is valid and complies with state law. According to Indiana Code § 29-1-3-7, a spouse’s elective share can be waived through a valid prenuptial agreement if both parties knowingly and voluntarily agree to it. This waiver must be explicitly stated in the prenuptial agreement.

A well-drafted prenuptial agreement allows couples to plan their estates in a way that ensures the elective share does not interfere with their financial goals. This is especially important for international couples, who may own assets in different countries and wish to avoid unintended legal consequences that vary across jurisdictions.

Relevant Case Law: Validating the Waiver of Elective Share

The Indiana case In re Estate of Fisher, 798 N.E.2d 503 (Ind. Ct. App. 2003) provides important guidance on the enforceability of prenuptial agreements waiving the elective share. In this case, the court upheld the prenuptial agreement, which had waived the surviving spouse’s right to an elective share. The court emphasized that the agreement was valid because it was entered into voluntarily, both parties fully disclosed their financial circumstances, and there was no evidence of fraud or duress.

The Fisher case demonstrates that Indiana courts will enforce a prenuptial agreement that clearly waives the right to an elective share, provided it meets the legal requirements of disclosure, fairness, and voluntariness.

Benefits of a Prenuptial Agreement in Estate Planning

For international couples, a prenuptial agreement is essential for ensuring that assets are distributed according to both parties' wishes, not by default state laws. Here’s how a prenuptial agreement can help in estate planning:
Waiving the Elective Share: As outlined in Indiana Code and confirmed by case law, a prenuptial agreement can legally waive the surviving spouse’s right to an elective share, allowing the estate to be distributed according to the decedent’s wishes.
Protecting International Assets: With assets in multiple countries, estate planning can be complex. A prenuptial agreement can specify how international assets will be treated, preventing potential conflicts between foreign and U.S. laws.
Preserving Family Wealth: For individuals with children from prior marriages or significant pre-marital assets, a prenuptial agreement ensures that their wealth is protected and distributed according to their plan.
Avoiding Probate Battles: Clear provisions in a prenuptial agreement reduce the likelihood of disputes between the surviving spouse and other heirs, particularly if there are competing claims from multiple jurisdictions.

Conclusion

In Indiana, as in many states, a prenuptial agreement is a powerful tool for estate planning, particularly when it comes to waiving the surviving spouse’s elective share. For international couples, a prenuptial agreement is crucial for managing assets across borders and ensuring that the estate is distributed according to their wishes. By citing the relevant Indiana statutes and case law, couples can be confident that their prenuptial agreement will hold up in court and protect their financial legacy.

Working with an experienced attorney familiar with both Indiana and international estate law is essential for drafting a prenuptial agreement that addresses these complexities. With proper planning, you can protect your assets and ensure that your estate reflects your intentions for your spouse, children, and other beneficiaries.

References:

Indiana Code § 29-1-3-1: Elective Share

Indiana Code § 29-1-3-7: Waiver of Elective Share by Prenuptial Agree