(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.
Indiana Legal Code