Sec. 17. (a) To promote the amicable settlements of
disputes that have arisen or may arise between the parties to a marriage
attendant upon the dissolution of their marriage, the parties may agree
in writing to provisions for:
(1) the maintenance of either of the parties;
(2) the disposition of any property owned by either or both of the
parties;
(3) the custody and support of the children of the parties; and
(4) the relocation of the children of the parties.
(b) In an action for dissolution of marriage:
(1) the terms of the agreement, if approved by the court, shall be
incorporated and merged into the decree and the parties shall be
ordered to perform the terms; or
(2) the court may make provisions for:
(A) the disposition of property;
(B) child support;
(C) maintenance; and
(D) custody;
as provided in this title.
(c) The disposition of property settled by an agreement described in
subsection (a) and incorporated and merged into the decree is not
subject to subsequent modification by the court, except as the
agreement prescribes or the parties subsequently consent.
[Pre-1997 Recodification Citation: 31-1-11.5-10.]
As added by P.L.1-1997, SEC.7. Amended by P.L.186-2019,
SEC.9.
Notes of Decisions
Linda Sanders v. Jerad Sanders, 105 N.E.3d 1102 (Ind. Ct. App. 2018).
· cites it 15× “[12] Indeed, the Akers court reiterated Stolberg 's interpretation of the writing requirement: We believe that the writing requirement of Indiana Code § 31-15-2-17 can be satisfied in two ways.”
Marriage of Kraft v. Kraft, 868 N.E.2d 1181 (Ind. Ct. App. 2007).
· cites it 8× “See Ind. Code § 31-15-2-17 (a)(3) (“To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to provisions for: .”
Dillard v. Dillard, 889 N.E.2d 28 (Ind. Ct. App. 2008).
· cites it 6× “Indiana Code section 31-15-2-17 provides, in relevant part, as follows: (a) To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to…”
M.S. v. C.S., 938 N.E.2d 278 (Ind. Ct. App. 2010).
· cites it 8× “Indiana Code section 31-15-2-17 M.S. next argues that the September 5, 2007 order was binding on the parties because they consented to its entry.”
Dewbrew v. Dewbrew, 849 N.E.2d 636 (Ind. Ct. App. 2006).
· cites it 4× “To promote the amicable settlement of disputes that have arisen between the parties to a marriage attendant upon the dissolution of their marriage, Indiana Code section 31-15-2-17 provides that "the parties may agree in writing to provisions for the maintenance of either of…”
Sean Thomas Ryan v. Dee Anna Ryan, 972 N.E.2d 359 (Ind. 2012).
· cites it 3× “Ind.Code § 31-15-2-17(c) (2008). In fact, the Legislature has prohibited the revocation or modification of all court orders concerning property disposition, not only those (like the one at issue in this case) entered by agreement of the parties: The orders concerning property…”
Johnson v. Johnson, 920 N.E.2d 253 (Ind. 2010).
· cites it 2× “Ind.Code § 31-15-2-17(c) (disposition of property settled by agreement may not be modified by court); Ind.”
Wright v. Wright, 782 N.E.2d 363 (Ind. Ct. App. 2003).
· cites it 2× “Husband maintains that the trial court essentially adopted the parties' agreement under Indiana Code Section 31-15-2-17(b)(1), but subsequently made provisions regarding visitation not contained in that agreement under Section (b)(2).”
Paternity of G.G.B.W. v. S.W., 80 N.E.3d 264 (Ind. Ct. App. 2017).
· cites it 2× “This is similar to the provisions of Indiana Code section 31-15-2-17(a) which allows parties to a dissolution to agree in writing to provisions'for the custody and support of their children.”
Trabucco v. Trabucco, 944 N.E.2d 544 (Ind. Ct. App. 2011).
· cites it 2× “Husband also cites Indiana Code section 31-15-2-17 (2008), which provides in pertinent part: (a) To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may…”
Bailey v. Mann, 895 N.E.2d 1215 (Ind. 2008).
· cites it 2× “Interpretation of the Property Settlement Agreement When dissolving a marriage, the parties are free to craft an agreement providing for the maintenance of either party, the custody and support of the parties’ children, and the disposition of property.”
— Ind. Code § 31-15-2-17(1997) — 1 case
— Ind. Code § 31-15-2-17(a) — 8 cases
Linda Sanders v. Jerad Sanders, 105 N.E.3d 1102 (Ind. Ct. App. 2018).
“[12] Indeed, the Akers court reiterated Stolberg 's interpretation of the writing requirement: We believe that the writing requirement of Indiana Code § 31-15-2-17 can be satisfied in two ways.”
Paternity of G.G.B.W. v. S.W., 80 N.E.3d 264 (Ind. Ct. App. 2017).
“This is similar to the provisions of Indiana Code section 31-15-2-17(a) which allows parties to a dissolution to agree in writing to provisions'for the custody and support of their children.”
— Ind. Code § 31-15-2-17(a)(3) — 3 cases
— Ind. Code § 31-15-2-17(b) — 1 case
— Ind. Code § 31-15-2-17(b)(1) — 2 cases
Wright v. Wright, 782 N.E.2d 363 (Ind. Ct. App. 2003).
“Husband maintains that the trial court essentially adopted the parties' agreement under Indiana Code Section 31-15-2-17(b)(1), but subsequently made provisions regarding visitation not contained in that agreement under Section (b)(2).”
— Ind. Code § 31-15-2-17(c) — 20 cases
Sean Thomas Ryan v. Dee Anna Ryan, 972 N.E.2d 359 (Ind. 2012).
“Ind.Code § 31-15-2-17(c) (2008). In fact, the Legislature has prohibited the revocation or modification of all court orders concerning property disposition, not only those (like the one at issue in this case) entered by agreement of the parties: The orders concerning property…”
Johnson v. Johnson, 920 N.E.2d 253 (Ind. 2010).
“Ind.Code § 31-15-2-17(c) (disposition of property settled by agreement may not be modified by court); Ind.”
Dillard v. Dillard, 889 N.E.2d 28 (Ind. Ct. App. 2008).
“Indiana Code section 31-15-2-17 provides, in relevant part, as follows: (a) To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to…”
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