{"parents":[{"StatuteId":2049720,"Type":"Title","Statute":"25"},{"StatuteId":2049783,"Type":"Chapter","Statute":"2"},{"StatuteId":2049778,"Type":"Section","Statute":"21"}],"Previous":"25-2-20","Next":"25-2-22","StatuteId":2049778,"Statute":"25-2-21","Type":"Section","CatchLine":"Enforcement. ","FilePath":null,"FileName":null,"Htmlpath":null,"Htmlfilename":null,"Title":25,"TitleLetter":null,"Chapter":2,"ChapterLetter":null,"Section":21,"SubSec":0,"SubSection":null,"Word":null,"Html":"

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.

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