{"id":373270,"date":"2019-01-22T13:39:54","date_gmt":"2019-01-22T18:39:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-prenuptial-agreement-laws.html"},"modified":"2019-01-22T14:03:23","modified_gmt":"2019-01-22T19:03:23","slug":"indiana-prenuptial-agreement-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-prenuptial-agreement-laws.html","title":{"rendered":"Indiana Prenuptial Agreement Laws"},"content":{"rendered":"\n
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Indiana Prenuptial Agreement Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A prenuptial agreement<\/a> is a contract executed between two people before getting married. Usually these agreements outline how money and property acquired during the marriage will be classified (i.e. as joint property or the separate property of each spouse) and identify the property each spouse is bringing into the marriage. Although often discussed in the context of divorce, a prenuptial agreement can also outline the responsibilities and rights of each spouse during the marriage.<\/p>\r\n

In Indiana, prenuptial agreements are called "premarital agreements." These types of contracts are defined by Indiana law<\/a> as an agreement "executed in contemplation of marriage and becomes effective upon marriage." In order to be valid, a premarital agreement must be in writing and signed by both parties; however, unlike other contracts, there is no requirement that there be consideration<\/a>.<\/p>\r\n

Overview of Indiana Prenuptial Agreement Laws<\/h2>\r\n

It’s important to read the actual statutes, but statutory language can be difficult to understand for most people since it’s written in legal jargon. For this reason, it can be helpful to read an overview of the statutes as well. In the following table, you can find an overview of prenuptial agreement laws in Indiana and links to relevant statutes.<\/p>\r\n\r\n
Statute(s)<\/b><\/td>\r\n

Indiana Code, Title 31, Article 11, Chapter 3, Section 31-11-3-1<\/a>, et seq. (Uniform Premarital Agreement Act<\/i>)<\/p>\r\n<\/td>\r\n<\/tr>

What Can a Premarital Agreement in Indiana Contain?<\/b><\/td>\r\n

A premarital agreement can address a variety of matters including:<\/p>\r\n

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  • The rights and obligations of each party when it comes to separate and marital property;<\/li>\r\n
  • The right to manage and control property;<\/li>\r\n
  • The disposition of property upon divorce, legal separation, death, or the occurrence (or nonoccurrence) of any other event;<\/li>\r\n
  • The modification or elimination of spousal support;<\/li>\r\n
  • The making of a will, trust, or other arrangement to carry out the provisions of the agreement;<\/li>\r\n
  • The ownership rights in a death benefit from a life insurance policy;<\/li>\r\n
  • The choice of law governing the construction of the agreement; and<\/li>\r\n
  • Any other matter that isn’t in violation of public policy or criminal law, including the personal rights and obligations of the parties.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
When is an Indiana Prenuptial Agreement Unenforceable?<\/b><\/td>\r\n

A premarital agreement is unenforceable if a party can prove that:<\/p>\r\n

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  • They didn’t execute it voluntarily; or<\/li>\r\n
  • The agreement was unconscionable when it was executed.<\/li>\r\n<\/ul>\r\n

    Additionally, if there’s a provision in the premarital agreement that modifies or eliminates spousal support and that would cause extreme hardship under circumstances that weren’t reasonably foreseeable at the time the agreement was executed, a court may require the payment of spousal support<\/a> despite the provision.<\/p>\r\n<\/td>\r\n<\/tr>

Related Statute(s)<\/b><\/td>\r\n

Indiana Code, Title 31:<\/p>\r\n