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

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

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

      1. (i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
      2. (ii) 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. (iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
2. (b) The burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable and must be proven by clear and convincing evidence.
3. (c) 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 that eligibility.
4. (d) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

History of Section.
P.L. 1987, ch. 449, § 1.