Section 608 - Enforcement1.Not enforceable. 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 [1995, c. 694, Pt. B, §2(NEW); 1995, c. 694, Pt. E, §2(AFF).]B. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:(1) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;(2) 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(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. [1995, c. 694, Pt. B, §2(NEW); 1995, c. 694, Pt. E, §2(AFF).] [1995, c. 694, Pt. B, §2(NEW); 1995, c. 694, Pt. E, §2(AFF).]
2.Support required. 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. [1995, c. 694, Pt. B, §2(NEW); 1995, c. 694, Pt. E, §2(AFF).]
3.Unconscionability. An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law. [1995, c. 694, Pt. B, §2(NEW); 1995, c. 694, Pt. E, §2(AFF).]
1995, c. 694, §B2 (NEW) . 1995, c. 694, §E2 (AFF) .