TITLE 32

DOMESTIC RELATIONS

CHAPTER 9

HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY

32-925.  Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

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

(b)  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.

(2)  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.

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

History:

[32-925, added 1995, ch. 229, sec. 2, p. 781.]