2006 Indiana Code - CHAPTER 3. UNIFORM PREMARITAL AGREEMENT ACT
IC 31-11-3Chapter 3. Uniform Premarital Agreement Act
IC 31-11-3-1
Applicability of chapter
31-11-3-1 Sec. 1. This chapter applies to a premarital agreement
executed on or after July 1, 1995.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-2
"Premarital agreement" defined
31-11-3-2 Sec. 2. As used in this chapter, "premarital agreement"
means an agreement between prospective spouses that:
(1) is executed in contemplation of marriage; and
(2) becomes effective upon marriage.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-3
"Property" defined
31-11-3-3 Sec. 3. As used in this chapter, "property" means an
interest, present or future, legal or equitable, vested or contingent, in
real and personal property, including income and earnings.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-4
Agreement must be in writing; consideration not required
31-11-3-4 Sec. 4. A premarital agreement must be in writing and
signed by both parties. The agreement is enforceable without
consideration.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-5
Content; child support unaffected
31-11-3-5 Sec. 5. (a) Parties to a premarital agreement may
contract with each other regarding the following matters:
(1) The rights and obligations of each of the parties in any
property of either or both of them whenever and wherever
acquired or located.
(2) The right to:
(A) buy;
(B) sell;
(C) use;
(D) exchange;
(E) abandon;
(F) lease;
(G) consume;
(H) expend;
(I) assign;
(J) create a security interest in;
(K) mortgage;
(L) encumber;
(M) dispose of; or
(N) otherwise manage and control;
property.
(3) The disposition of property upon:
(A) legal separation;
(B) dissolution of marriage;
(C) death; or
(D) the occurrence or nonoccurrence of any other event.
(4) The modification or elimination of spousal maintenance.
(5) The making of:
(A) a will;
(B) a trust; or
(C) other arrangement;
to carry out the provisions of the agreement.
(6) The ownership rights in and disposition of a death benefit
from a life insurance policy.
(7) The choice of law governing the construction of the
agreement.
(8) Any other matter not in violation of public policy or a
statute imposing a criminal penalty, including the personal
rights and obligations of the parties.
(b) A premarital agreement may not adversely affect the right of
a child to support.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-6
Effective date
31-11-3-6 Sec. 6. A premarital agreement becomes effective upon
marriage.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-7
Amendment or revocation must be in writing; consideration not
required
31-11-3-7 Sec. 7. After marriage, a premarital agreement may be
amended or revoked only by a written agreement signed by the
parties. The amended agreement or the revocation is enforceable
without consideration.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-8
Enforceability of agreement
31-11-3-8 Sec. 8. (a) A premarital agreement is not enforceable if
a party against whom enforcement is sought proves that:
(1) the party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when the agreement was
executed.
(b) If:
(1) a provision of a premarital agreement modifies or eliminates
spousal maintenance; and
(2) the modification or elimination causes one (1) party to the
agreement extreme hardship under circumstances not
reasonably foreseeable at the time of the execution of the
agreement;
a court, notwithstanding the terms of the agreement, may require the
other party to provide spousal maintenance to the extent necessary
to avoid extreme hardship.
(c) A court shall decide an issue of unconscionability of a
premarital agreement as a matter of law.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-9
Effect of void marriage
31-11-3-9 Sec. 9. If a marriage is determined to be void, an
agreement that would otherwise have been a premarital agreement is
enforceable only to the extent necessary to avoid an inequitable
result.
As added by P.L.1-1997, SEC.3.
IC 31-11-3-10
Tolling of statute of limitations during marriage; equitable
defenses
31-11-3-10 Sec. 10. Any statute of limitations applicable to an
action asserting a claim for relief under a premarital agreement is
tolled during the marriage of the parties to the agreement. However,
equitable defenses limiting the time for enforcement, including
laches and estoppel, are available to either party.
As added by P.L.1-1997, SEC.3.
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