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Indiana Code Title 31. Family Law and Juvenile Law § 31-11-3-8

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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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