25-202. Enforcement of premarital agreements;
exception


A. A premarital agreement must be in writing and signed by both parties. The
agreement is enforceable without consideration.


B. The agreement becomes effective on marriage of the parties.


C. The agreement is not enforceable if the person against whom enforcement is
sought proves either of the following:


1. The person did not execute the agreement voluntarily.


2. The agreement was unconscionable when it was executed and before execution of
the agreement that person:


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


(b) 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.


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


D. 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.


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


F. If a marriage is determined to be void, an agreement that would otherwise have
been a premarital agreement is enforceable only to the extent necessary to avoid an
inequitable result.