25-2-21. Enforcement.

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

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

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

(i)    Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(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

(iii)    Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

Source: SL 1989, ch 216, § 6.