Is a prenuptial agreement signed by an illiterate person without the assistance of an attorney valid in Indiana?

Full question:

I reside in Indiana. I had entered a prenuptial agreement with my husband. I was not represented by an attorney and did not obtain legal advice. I have not graduated from high school and did not read well at the time the agreement was signed. I did not accept any material benefits from the agreement. In this circumstance, is the agreement valid and am I entitled to get spousal maintenance?

• Category: Husband and Wife
• Subcategory: Premarital Agreement
• Date: 04/07/2025
• State: Indiana

Answer:

In Indiana, a premarital agreement is not enforceable if a party against whom enforcement is sought proves that the party did not execute the agreement voluntarily or the agreement was unconscionable when the agreement was executed. The court may require the other party to provide spousal maintenance to the extent necessary to avoid extreme hardship. These provisions have been enumerated in Burns Ind. Code Ann. § 31-11-3-8, that read as follows:
 
“(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.”
In Indiana, a premarital agreement is not enforceable if a party against whom enforcement is sought proves that the party did not execute the agreement voluntarily or the agreement was unconscionable when the agreement was executed. The court may require the other party to provide spousal maintenance to the extent necessary to avoid extreme hardship. These provisions have been enumerated in Burns Ind. Code Ann. § 31-11-3-8, that read as follows:
 
“(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.”