South Dakota § 25-2-21 Enforcement.

South Dakota Statutes

§ 25-2-21 — Enforcement.

South Dakota·Title 25 DOMESTIC RELATIONS·Ch. 25-2 RIGHTS AND OBLIGATIONS OF MARRIAGE

(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

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

South Dakota § 25-2-21 (Enforcement.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.