§ 15-17-6 - Enforcement.
SECTION 15-17-6
§ 15-17-6 Enforcement. – (a) A premarital agreement is not enforceable if the party against whomenforcement is sought proves that:
(1) That party did not execute the agreement voluntarily; and
(2) The agreement was unconscionable when it was executedand, before execution of the agreement, that party:
(i) Was not provided a fair and reasonable disclosure of theproperty or financial obligations of the other party;
(ii) Did not voluntarily and expressly waive, in writing, anyright to disclosure of the property or financial obligations of the other partybeyond the disclosure provided; and
(iii) Did not have, or reasonably could not have had, anadequate knowledge of the property or financial obligations of the other party.
(b) The burden of proof as to each of the elements requiredin order to have a premarital agreement held to be unenforceable shall be onthe party seeking to have the agreement declared unenforceable and must beproven by clear and convincing evidence.
(c) If a provision of a premarital agreement modifies oreliminates spousal support and that modification or elimination causes oneparty to the agreement to be eligible for support under a program of publicassistance at the time of separation or marital dissolution, a court,notwithstanding the terms of the agreement, may require the other party toprovide support to the extent necessary to avoid that eligibility.
(d) An issue of unconscionability of a premarital agreementshall be decided by the court as a matter of law.