Friday, December 28, 2007

Prenuptial Agreements - Tolling Statute of Limitations

Okay what does tolling a statute of limitations mean? Think of being put on hold. Indiana Code 31-11-3-10 gives some specificty here. So long as the couple remain married, the time for raising a claim for relief under the prenup has not even started but notice the last sentence. "However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party." The statute of limitations may not have run but one cannot just stall enforcing the prenup.

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