South Dakota § 25-2-21 Enforcement.

South Dakota Statutes

§ 25-2-21 — Enforcement.

South Dakota § 25-2-21

Title 25DOMESTIC RELATIONS

Ch. 25-2RIGHTS AND OBLIGATIONS OF MARRIAGE

This text of South Dakota § 25-2-21 (Enforcement.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 25-2-21 (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:

(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.