[§572D-6]  Enforcement.  (a)  A
premarital agreement is enforceable and shall be binding in any action unless
the party against whom enforcement is sought proves that:



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



(2)  The agreement was unconscionable when it was
executed and, before execution of the agreement, that party:



(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; and



(C)  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 eligibility for public
assistance.



(c)  An issue of unconscionability of a
premarital agreement shall be decided by the court as a matter of law. [L 1987,
c 321, pt of §1]