Formalities — Definition

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  1. (a) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration.

  2. (b) As used in this section, “acknowledged” means:

    1. (1) A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties;

    2. (2) A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement;

    3. (3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties:

      1. (A) Have consulted with their respective attorneys regarding the premarital agreement;

      2. (B) Have read and understand the premarital agreement; and

      3. (C) Freely entered into the premarital agreement without coercion or undue influence; or

    4. (4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.


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