A property settlement agreement which is incorporated into a final divorce decree is a binding contract, and the dissolution court may not modify that settlement absent fraud, duress, or undue influence. Adler v. Adler, 713 N.E.2d 348, 354 (Ind. Ct. App. 1999) (citation omitted); see also Ind. Code § 31-15-2-17(c).
INDIANA CODE, SECTION 31-15-2-17
- 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:
- the maintenance of either of the parties;
- the disposition of any property owned by either or both of the parties; and
- the custody and support of the children of the parties.
- In an action for dissolution of marriage:
- 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
- the court may make provisions for:
- the disposition of property;
- child support;
- maintenance; and
as provided in this title.
- 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.