Indiana Prenuptial Agreements – Setting them Aside for Fraud or Unconscionability
February 24th, 2010 admin
Let us go back to 1996 and Rider v. Rider , 669 NE 2d 160 for a description of unconscionability : In this case, there is no evidence of fraud, duress, misrepresentation, or unconscionability at the time the contract was made. Leslie brought most of the property to the marriage; Charles brought few personal assets and a modest income from more than 35 years of work at the Delco Remy factory. Both were looking to protect their assets for themselves and for their heirs. Thus, the couple entered into an antenuptial agreement which would provide this protection. Even though at the time of marriage one spouse was close to retirement age and the other spouse had recently undergone several surgeries, the agreement was silent regarding support in the event that one spouse would become disabled. Given …
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