1. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

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

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

      1. (A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
      2. (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
      3. (C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
2. (2) 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 or medical 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.
3. (3) An issue of whether a premarital agreement is unconscionable shall be decided by the court as a matter of law.

Note: See note under 108.700.

[1987 c.715 §6; 2013 c.688 §12]