§ 29-1-3-6 — Waiver of right

(a) The right of election of a surviving spouse
given under section 1 of this chapter may be waived before or after
marriage by a written contract, agreement signed by the party waiving
the right of election, after full disclosure of the nature and extent of
such right, if the thing or the promise given such party is a fair
consideration under all the circumstances.
(b) The promise of marriage, in the absence of fraud, is sufficient
consideration in the case of an agreement made before marriage. An
agreement waiving a right of election may be filed in the same manner
as provided for the filing of an election under section 3 of this chapter.
Formerly: Acts 1953, c.112, s.306. As amended by
P.L.283-1987, SEC.3.