Indiana Uniform Premarital Agreement Act

The likelihood of the cancellation of a matrimonial agreement is very factual, so it is important that you consult a local lawyer to see what your rights are. If you`re thinking about a divorce, custody or support business, lawyers at Banks-Brower, LLC can help. Call us at (317) 870-0019 or email us at We are available 24 hours a day for your call. The contract must be written and signed by both parties. It becomes a binding contract and changes or revocations of the contract must be made in writing and signed by both parties. No additional consideration is required in the event of a change or revocation. The contract requires both parties to disclose all assets and to voluntarily enter into the contract. In 2012, the Uniform Law Commission enacted the Uniformity and Revision Act of the Union of Human Rights and Human Rights Act (UPMAA), which established procedural and material safeguards for marital agreements to bring them into line with safeguards for pre-marital agreements. [2] According to the Indiana Code, a pre-marriage agreement is not applicable if a party wishing to reverse the agreement proves that: 1) the party did not voluntarily execute the agreement or 2) that the agreement was not in accordance with the contract at the time of the execution of the agreement. These potential reasons for the nullity of a pre-marriage agreement are very factual, so be sure to contact a local lawyer to see the likelihood of the non-validity of an agreement in your particular case. A pre-marital agreement is not applicable if a party can prove it: a marriage contract is a contract between two people before the marriage. As a general rule, these agreements outline how money and property acquired during marriage are classified (i.e.

as joint or separate property of each spouse) and identify the property each spouse brings to the marriage. Although often discussed in the context of divorce, a marital agreement can also outline the responsibilities and rights of each spouse during the marriage. IC 31-11-3-8 Art Accord Applicability. 8. (a) A pre-marital agreement is not enforceable if a party against which the execution is sought proves that: 1) the party did not voluntarily execute the agreement; or (2) the agreement was unacceptable when the agreement was implemented. (b) when a provision of a pre-marital contract changes or removes the spousal pension plan; and (2) the effect of the amendment or elimination is that one (1) party to the other part of the other way of the non-colour of part or the whole of the pre-marital agreement relates to spousal support. If a provision of a pre-marriage contract restricts or removes a party`s right to support in the event of divorce and, due to circumstances that were not reasonably foreseeable at the time the contract was executed, it would be extremely severe, a court may require the other party to provide dependent benefits to the extent necessary to avoid extreme hardship.

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