Are prenuptial agreements enforceable in Indiana?

Indiana is a straightforward UPAA jurisdiction with statutory clarity for both bench and bar.

1. Governing Statute

Indiana Uniform Premarital Agreement Act, Ind. Code §§ 31-11-3-1 through 31-11-3-10, adopted 1995.

2. Formality Requirements

The agreement must be in writing and signed by both parties (Ind. Code § 31-11-3-3). It is enforceable without consideration other than marriage and becomes effective upon marriage (Ind. Code § 31-11-3-4).

3. Voluntariness

Under Ind. Code § 31-11-3-8(a)(1), the challenger must prove the agreement was not executed voluntarily. Indiana courts assess counsel access, time, sophistication, and pressure (Rider v. Rider, 669 N.E.2d 160 (Ind. 1996), reaffirmed strict enforcement).

4. Disclosure

Ind. Code § 31-11-3-8(a)(2) applies the conjunctive UPAA test: unconscionability AND no fair disclosure AND no waiver AND no adequate knowledge.

5. Unconscionability

Unconscionability is a question of law for the court (Ind. Code § 31-11-3-8(c)).

6. What Cannot Be Waived

Child support cannot be adversely affected (Ind. Code § 31-11-3-5(b)). Spousal-maintenance escape: under Ind. Code § 31-11-3-8(b), a court may require support if a waiver would leave a party eligible for public assistance.

7. Key Indiana Case Law

Rider v. Rider (1996) (general enforcement); In re Marriage of Boren, 475 N.E.2d 690 (Ind. 1985) (pre-UPAA enforcement principles); Pond v. Pond, 700 N.E.2d 1130 (Ind. 1998) (postnup distinctions).

This is legal information, not legal advice.