2017 Indiana Code
TITLE 31. Family Law and Juvenile Law
ARTICLE 11. FAMILY LAW: MARRIAGE
CHAPTER 3. Uniform Premarital Agreement Act
31-11-3-8. Enforceability of agreement

     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.

[Pre-1997 Recodification Citation: 31-7-2.5-8.]

As added by P.L.1-1997, SEC.3.