§ 14-2-310 — Unenforceable terms

(1) In this section, custodial responsibility
means parental rights and responsibilities, parenting time, access, visitation, or
other custodial right or duty with respect to a child.

(2) A term in a premarital agreement or marital agreement is not enforceable
to the extent that it:

(a) Adversely affects a child's right to support;

(b) Limits or restricts a remedy available to a victim of domestic violence
under law of this state other than this part 3;

(c) Purports to modify the grounds for a court-decreed legal separation or
marital dissolution available under law of this state other than this part 3;

(d) Penalizes a party for initiating a legal proceeding leading to a court-decreed legal separation or marital dissolution; or

(e) Violates public policy.

(3) A term in a premarital agreement or marital agreement which defines the
rights or duties of the parties regarding custodial responsibility is not binding on
the court.

Legislative History

Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1163, � 1, effective July 1, 2014.