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Indiana Law - Prenuptial Agreements
Prenuptial agreements are generally enforceable in Indiana, so long as they are entered into
freely, without fraud or compulsion.
However, a court may refuse to enforce a prenuptial agreement based on circumstances at the
time of dissolution, if it finds it to be unconscionable to enforce.
Justus (1991) 581 NE2d 1265 (agreement provided for payment to wife of $500,000, but
husband, formerly worth $31 million, was now bankrupt; court held that if enforcement would prevent payer spouse from supporting himself,
then court will not enforce the agreement).
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