The Pre-Marital Treaty Uniform Act, drafted in 1983 by the National Conference of Commissioners on Uniform State Law, promotes the application of marriage contracts. The UPAA`s precise standards differ from state to state, as do other divorce laws. Below are the statutes of the State of Indiana with respect to pre-marital and matrimonial agreements and how they are considered and enforced by the Indiana court. Indiana: CI 31-11-3 to CI 31-11-3-10IC 31-11-3 Chapter 3. Uniform premarital agreement ActIC 31-11-3-1 Applicability of chapter § 1. This Chapter applies to a pre-marital agreement concluded on or after 1 July 1995. IC 31-11-3-2 “Pre-Legal Convention” defines Article 2. As used in this chapter, “pre-marital agreement” means an agreement between potential spouses that is concluded: (1) in the light of a marriage; and (2) takes effect with marriage. IC 31-11-3-3 “Ownership” defines Section 3. As used in this chapter, “ownership” refers to current or future participation, legal or cheap, an unwavering or conditional interest in real estate and personal property, including income and income. Agreement IC 31-11-3-4 must be in writing; against consideration not required§ 4. A pre-marital agreement must be signed in writing and signed by both parties.
The agreement is enforceable without consideration. CI 31-11-3-5 Content; Family allowances shall be without prejudice to Article 5. (a) The parties to a pre-marital agreement may enter into contracts between themselves relating to the following matters: (1) The rights and obligations of each of the parties to either of them, when and where they are acquired or resident. (2) The right to purchase (A); (B) for sale; (C) to be used; (D) exchange; (E) give up; (F) to do so; (G) to be consumed; (H) to consume; (I) to assign; (J) to create a right of safeguard; (K) mortgage; (L) the load; M) to get rid of; or N) manage and control other means; Property. (3) The Property Ordinance according to: (A) legal separation; (B) dissolution of marriage; (C) death; or (D) the occurrence or non-occurrence of another event. 4. The modification or elimination of the spousal pension. (5) The making of: (A) a will; (B) a trust; or (C) other agreements; for the application of the provisions of the Agreement. 6.
The ownership rights of a life insurance policy and the death benefit order. (7) The choice of law governing the constitution of the Treaty. (8) Any other matter which is not contrary to public policy or to a law providing for a criminal sanction, including the rights and obligations of the parties with regard to personality law. (b) a pre-marital agreement may not affect a child`s right to maintenance. IC 31-11-3-6 Effective Date § 6. A pre-marriage agreement is effective with marriage IC 31-11-3-7 must be amended or revoked in writing; in return for Article 7. After marriage, a prior agreement can only be modified or revoked by a written agreement signed by the parties. The amended contract or revocation is applicable without consideration. IC 31-11-3-8 Application of the agreement § 8. (a) a pre-marital agreement is not enforceable where a party against whom enforcement is sought proves that: (1) the party did not perform the agreement voluntarily; or (2) the contract was ruthless at the time of performance of the contract. (b) If: (1) a provision of a pre-marital contract modifies or abolishes the spouse`s pension; and (2) the modification or elimination of a party (1) in circumstances that were not reasonably foreseeable at the time of performance of the treaty; a court may, notwithstanding the contractual conditions, require the other party to provide a spousal pension to the extent necessary to avoid extreme hardship. (c) A court shall rule on the question of the faculty of scruples of a pre-marital agreement as a matter of law.
CI 31-11-3-9 Effect of non-marital marriage. . . . .
18 September 2021 BBP Admin Uncategorized
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