US Laws, Codes, Statutes & Cases

      23-807.   Same; enforceability. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:

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

      (2)   the agreement was unconscionable when such agreement was executed and, before execution of the agreement, all of the following applied to that party:

      (A)   Such party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

      (B)   such party 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

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

      (b)   If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

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

      History:   L. 1988, ch. 204, § 7; July 1.