40-2-608. Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
     (a) that party did not execute the agreement voluntarily; or
     (b) 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.
     (2) 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.
     (3) An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law.

     History: En. Sec. 8, Ch. 189, L. 1987.