25-2-21. Enforcement.

134 words·~1 min read·/sd/title-25/chapter-25-2/25-2-21

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1)That party did not execute the agreement voluntarily; or

(2)The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i)Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii)Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii)Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b)An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.