Indiana Code Title 31. Family Law and Juvenile Law § 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.

Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-11-3-8 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-11-3-8.html


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