Indiana Uniform Premarital Agreement Act

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. As by P.L.1-1997, SEC.3. As a general rule, settlement agreements can be cancelled under Trial Rule 60, which contains provisions for exemption from judgment. According to Trial Rule 60, the reasons listed are: 1) error, surprise or innocent negligence; (2) any reason for a request for correction of errors; (3) fraud; (4) the registration of the judgment was late; (5) except in the case of divorce, the minutes do not show that the party was represented by a guardian; (6) the award is void; (7) the judgment is in conformity, delivered or rendered, or it is no longer cheap for the judgment to have prospective applications; and (8) all the grounds for an exemption from enforcement of the judgment not mentioned above. Points 4 and 5 do not apply to divorce agreements. Point 2 would generally not apply, since a request for correction of the error is made on the basis of a decision of the Court and not a settlement agreement. For other reasons, the rule of procedure requires that the application be made within a reasonable time of 6, 7, 8 and not more than one year after judgment 1 and 3.

The most frequently cited reasons for cancelling an agreement are fraud or error. However, there may be times when an obligation under a settlement agreement is no longer possible or reasonable in the current circumstances. In this case, this is reason 7. Also, reason 8 is a kind of “catch all” provision that leaves some room to try to cancel a deal. UPAA/UPMAA has not been adopted in 22 states, although pre-marriage agreements are still legal in those states: Alabama, Arkansas, Georgia, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Minnesota, Missouri, New Hampshire, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Vermont, Washington, West Virginia, and Wyoming. The likelihood that she will put a marriage agreement out of cause is very specific to the facts, so it`s important that you consult a local lawyer to see what your rights are. If you`re considering divorce, custody, or a support case, the lawyers at Banks & Brower, LLC can help. Call us at (317) 870-0019 or email us at info@banksbrower.com. We are at your disposal on 24/7/365.

In 2012, the Uniform Law Commission announced the revised Revised Uniform Premarital and Marital Agreements Act (UPMAA), which established procedural and substantive safeguards for matrimonial agreements to bring them into line with the safeguards of prejudiced agreements. [2] The contract must be in writing and signed by both parties. There will be a binding contract and any modification or revocation of the contract will require the written form and signature by both parties….