[§572D-10]  Prior agreements.  All
written agreements entered into prior to July 1, 1987, between prospective
spouses for the purpose of affecting any of the provisions of this chapter
shall be valid and enforceable if otherwise valid as contracts. [L 1987, c 321,
pt of §1]



 



Revision Note



 



  "July 1, 1987" and "chapter" substituted
for "the enactment of this Act" and "Act".



 



Case Notes



 



  If the premarital agreement is a valid contract, the
agreement must be enforced.  The agreement will not be enforced if party did
not freely and voluntarily enter into the agreement or the agreement is
unconscionable.  Issue of unconscionability of provision governing division of
property should be evaluated at time agreement was executed.  69 H. 497, 748
P.2d 1362.



  Where marriage of husband and wife and their relinquishment
of their rights in each other's estate constituted adequate consideration for
their premarital agreement, no evidence was adduced that wife signed the
agreement under duress, coercion, undue influence, or any other circumstances
indicating lack of free will or voluntariness, and agreement was not
unacceptably one-sided and did not involve terms of unfair surprise so as to
render it unconscionable, trial court erred in concluding that agreement was unenforceable. 
114 H. 286 (App.), 162 P.3d 2.