Enforcement.
A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: That party did not execute the agreement voluntarily; or The agreement was unconscionable when it was executed and, before execution of the agreement, that party: Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; 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 Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. If a provision of a premarital agreement modifies or eliminates spousal or domestic partner 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, marital dissolution, or termination of a domestic partnership pursuant to § 32-702(d), a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
Annotations
Feb. 9, 1996, D.C. Law 11-82, § 7, 42 DCR 6770 Apr. 4, 2006, D.C. Law 16-79, § 8(e), 53 DCR 1035 Sept. 12, 2008, D.C. Law 17-231, § 40(b), 55 DCR 6758 Uniform Law: This section is based upon § 6 of the Uniform Premarital Agreement Act. D.C. Law 17-231, in subsec. (b), substituted “pursuant to § 32-702(d),” for “under § 32-702,”. D.C. Law 16-79 rewrote subsec. (b) which had read as follows: “(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes 1 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.” 1981 Ed., § 30-146.
Sourced from the DC Council Open Law Library (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.