23-807.Same; enforceability.(a) A premarital agreement is not enforceable if the partyagainst whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when such agreement was executedand, before execution of the agreement, all of the following applied to that party:
(A) Such party was not provided a fair and reasonable disclosure of theproperty or financial obligations of the other party;
(B) such party did not voluntarily and expressly waive, in writing, anyright to disclosure of the property or financial obligations of the otherparty beyond the disclosure provided; and
(C) such party did not have, or reasonably could not have had, anadequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminatesspousal support and that modification or elimination causes one party tothe 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.
(c) An issue of unconscionability of a premarital agreement shall bedecided by the court as a matter of law.
23-807.Same; enforceability.(a) A premarital agreement is not enforceable if the partyagainst whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when such agreement was executedand, before execution of the agreement, all of the following applied to that party:
(A) Such party was not provided a fair and reasonable disclosure of theproperty or financial obligations of the other party;
(B) such party did not voluntarily and expressly waive, in writing, anyright to disclosure of the property or financial obligations of the otherparty beyond the disclosure provided; and
(C) such party did not have, or reasonably could not have had, anadequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminatesspousal support and that modification or elimination causes one party tothe 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.
(c) An issue of unconscionability of a premarital agreement shall bedecided by the court as a matter of law.
23-807.Same; enforceability.(a) A premarital agreement is not enforceable if the partyagainst whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when such agreement was executedand, before execution of the agreement, all of the following applied to that party:
(A) Such party was not provided a fair and reasonable disclosure of theproperty or financial obligations of the other party;
(B) such party did not voluntarily and expressly waive, in writing, anyright to disclosure of the property or financial obligations of the otherparty beyond the disclosure provided; and
(C) such party did not have, or reasonably could not have had, anadequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminatesspousal support and that modification or elimination causes one party tothe 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.
(c) An issue of unconscionability of a premarital agreement shall bedecided by the court as a matter of law.
