§ 15-17-6. 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; and
(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 d
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§ 15-17-6. 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; and
(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) The burden of proof as to each of the elements required in order to have a premarital
agreement held to be unenforceable shall be on the party seeking to have the agreement
declared unenforceable and must be proven by clear and convincing evidence.
(c) If a provision of a premarital agreement modifies or eliminates spousal 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 or marital
dissolution, a court, notwithstanding the terms of the agreement, may require the
other party to provide support to the extent necessary to avoid that eligibility.
(d) An issue of unconscionability of a premarital agreement shall be decided by the court
as a matter of law.