(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;
2. (2) Either party was under the age of 18 when the marriage occurred; or

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

   1. (A) Was not provided adequate financial disclosures of the other party as set forth in subsection (b) of this section;
   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.

(b) A party has adequate financial disclosure under this section if the party:

1. (1) Receives a reasonably accurate description and good-faith estimate of value of the property, liabilities, and income of the other party;
2. (2) Expressly waives, in a separate signed record, the right to financial disclosure beyond the disclosure provided; or
3. (3) Has adequate knowledge, or a reasonable basis for having adequate knowledge, of the information described in subdivision (1) of this section.

(d) A court may refuse to enforce a term of a premarital agreement if, in the context of the agreement taken as a whole:

1. (1) The term was unconscionable at the time of signing; or
2. (2) Enforcement of the term would result in substantial hardship for a party because of a material change in circumstances arising after the agreement was signed.