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.
Last modified: May 24, 2006