CHAPTER 3. UNIFORM PREMARITAL AGREEMENT ACT

IC 31-11-3
    Chapter 3. Uniform Premarital Agreement Act

IC 31-11-3-1
Applicability of chapter
    Sec. 1. This chapter applies to a premarital agreement executed onor after July 1, 1995.
As added by P.L.1-1997, SEC.3.

IC 31-11-3-2
"Premarital agreement" defined
    Sec. 2. As used in this chapter, "premarital agreement" means anagreement 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
    Sec. 3. As used in this chapter, "property" means an interest,present or future, legal or equitable, vested or contingent, in real andpersonal 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
    Sec. 4. A premarital agreement must be in writing and signed byboth 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
    Sec. 5. (a) Parties to a premarital agreement may contract witheach other regarding the following matters:
        (1) The rights and obligations of each of the parties in anyproperty of either or both of them whenever and whereveracquired 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 benefitfrom a life insurance policy.
        (7) The choice of law governing the construction of theagreement.
        (8) Any other matter not in violation of public policy or astatute imposing a criminal penalty, including the personalrights and obligations of the parties.
    (b) A premarital agreement may not adversely affect the right ofa child to support.
As added by P.L.1-1997, SEC.3.

IC 31-11-3-6
Effective date
    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 notrequired
    Sec. 7. After marriage, a premarital agreement may be amendedor revoked only by a written agreement signed by the parties. Theamended agreement or the revocation is enforceable withoutconsideration.
As added by P.L.1-1997, SEC.3.

IC 31-11-3-8
Enforceability of agreement
    Sec. 8. (a) A premarital agreement is not enforceable if a partyagainst whom enforcement is sought proves that:
        (1) the party did not execute the agreement voluntarily; or
        (2) the agreement was unconscionable when the agreement wasexecuted.
    (b) If:
        (1) a provision of a premarital agreement modifies or eliminatesspousal maintenance; and
        (2) the modification or elimination causes one (1) party to the

agreement extreme hardship under circumstances notreasonably foreseeable at the time of the execution of theagreement;
a court, notwithstanding the terms of the agreement, may require theother party to provide spousal maintenance to the extent necessaryto avoid extreme hardship.
    (c) A court shall decide an issue of unconscionability of apremarital agreement as a matter of law.
As added by P.L.1-1997, SEC.3.

IC 31-11-3-9
Effect of void marriage
    Sec. 9. If a marriage is determined to be void, an agreement thatwould otherwise have been a premarital agreement is enforceableonly 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; equitabledefenses
    Sec. 10. Any statute of limitations applicable to an actionasserting a claim for relief under a premarital agreement is tolledduring the marriage of the parties to the agreement. However,equitable defenses limiting the time for enforcement, includinglaches and estoppel, are available to either party.
As added by P.L.1-1997, SEC.3.