§ 9-11-402 — Formalities - Definition

(a) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration. (b) As used in this section, "acknowledged" means: (1) A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties; (2) A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement; (3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties: (A) Have consulted with their respective attorneys regarding the premarital agreement; (B) Have read and understand the premarital agreement; and (C) Freely entered into the premarital agreement without coercion or undue influence; or (4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.

Legislative History

Amended by Act 2017, No. 654,§ 2, eff. 8/1/2017 Acts 1987, No. 715, § 2