§ 31-11-3-8 — Enforceability of agreement

(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.
[Pre-1997 Recodification Citation: 31-7-2.5-8.]

Legislative History

As added by P.L.1-1997, SEC.3.