Ind. Code § 31-11-3-1 Applicability of chapter
Sec. 1. This chapter applies to a premarital agreement executed on or after July 1, 1995.
[Pre-1997 Recodification Citation: 31-7-2.5-1.]
As added by P.L.1-1997, SEC.3.
Ind. Code ch. 31-11-3
Ind. Code ch. 31-11-3
in effectInd. Code § 31-11-3-2 "Premarital agreement" defined
Sec. 2. As used in this chapter, "premarital agreement" means an agreement between prospective spouses that:
(1) is executed in contemplation of marriage; and
(2) becomes effective upon marriage.
[Pre-1997 Recodification Citation: 31-7-2.5-2 part.]
As added by P.L.1-1997, SEC.3.
Ind. Code § 31-11-3-3 "Property" defined
Sec. 3. As used in this chapter, "property" means an interest, present or future, legal or equitable, vested or contingent, in real and personal property, including income and earnings.
[Pre-1997 Recodification Citation: 31-7-2.5-3 part.]
As added by P.L.1-1997, SEC.3.
Ind. Code § 31-11-3-4 Agreement must be in writing; consideration not required
Sec. 4. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
[Pre-1997 Recodification Citation: 31-7-2.5-4.]
As added by P.L.1-1997, SEC.3.
Ind. Code § 31-11-3-5 Content; child support unaffected
Sec. 5. (a) Parties to a premarital agreement may contract with each other regarding the following matters:
(1) The rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located.
(2) The right to:
(A) buy;
(B) sell;
(C) use;
(D) exchange;
(E) abandon;
(F) lease;
(G) consume;
(H) expend;
(I) assign;
(J) create a security interest in;
(K) mortgage;
(L) encumber;
(M) dispose of; or
(N) otherwise manage and control;
property.
(3) The disposition of property upon:
(A) legal separation;
(B) dissolution of marriage;
(C) death; or
(D) the occurrence or nonoccurrence of any other event.
(4) The modification or elimination of spousal maintenance.
(5) The making of:
(A) a will;
(B) a trust; or
(C) other arrangement;
to carry out the provisions of the agreement.
(6) The ownership rights in and disposition of a death benefit from a life insurance policy.
(7) The choice of law governing the construction of the agreement.
(8) Any other matter not in violation of public policy or a statute imposing a criminal penalty, including the personal rights and obligations of the parties.
(b) A premarital agreement may not adversely affect the right of a child to support.
[Pre-1997 Recodification Citation: 31-7-2.5-5.]
As added by P.L.1-1997, SEC.3.
Ind. Code § 31-11-3-5.5 Portability agreement
Sec. 5.5. A portability agreement (as defined by IC 31-11-7-5(a)(4)) contained within a premarital agreement is governed by IC 31-11-7-5.
As added by P.L.38-2023, SEC.20.
Ind. Code § 31-11-3-6 Effective date
Sec. 6. A premarital agreement becomes effective upon marriage.
[Pre-1997 Recodification Citation: 31-7-2.5-6.]
As added by P.L.1-1997, SEC.3.
Ind. Code § 31-11-3-7 Amendment or revocation must be in writing; consideration not required
Sec. 7. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
[Pre-1997 Recodification Citation: 31-7-2.5-7.]
As added by P.L.1-1997, SEC.3.
Ind. Code § 31-11-3-8 Enforceability of agreement
Sec. 8. (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.
Ind. Code § 31-11-3-9 Effect of void marriage
Sec. 9. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
[Pre-1997 Recodification Citation: 31-7-2.5-9.]
As added by P.L.1-1997, SEC.3.
Ind. Code § 31-11-3-10 Tolling of statute of limitations during marriage; equitable defenses
Sec. 10. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
[Pre-1997 Recodification Citation: 31-7-2.5-10.]
As added by P.L.1-1997, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026