The Office of Code Revision Indiana Legislative Services Premarital Agreement

Revision Indiana Legislative, Jan 14, 2005

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.