(a) A premarital agreement or amendment shall not be enforceable if the party against whom enforcement is sought proves that:
- (1) Such party did not execute the agreement voluntarily; or
- (2) The agreement was unconscionable when it was executed or when enforcement is sought; or
- (3) Before execution of the agreement, such party was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; or
- (4) Such party was not afforded a reasonable opportunity to consult with independent counsel.
- (b) If a provision of a premarital agreement modifies or eliminates spousal support and such 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 such eligibility.
- (c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(P.A. 95-170, S. 6, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.