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