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 on
or 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 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
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
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
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
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
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
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
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
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.