District of Columbia § 46-506 Enforcement.

District of Columbia Statutes

§ 46-506 — Enforcement.

District of Columbia § 46-506

Title 46Domestic Relations.

Ch. 5Premarital Agreements.

This text of District of Columbia § 46-506 (Enforcement.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.C. Code § 46-506 (2026).

Text

(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:

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

(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

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

(b)If a provision of a premarital agreement modifies or eliminates spous

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(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:

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

(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

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

(b) If a provision of a premarital agreement modifies or eliminates spousal or domestic partner support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation, marital dissolution, or termination of a domestic partnership pursuant to § 32-702(d) , a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

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

Legislative History

Feb. 9, 1996, D.C. Law 11-82, § 7, 42 DCR 6770; Apr. 4, 2006, D.C. Law 16-79, § 8(e), 53 DCR 1035; Sept. 12, 2008, D.C. Law 17-231, § 40(b), 55 DCR 6758