(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 fraudulent when the agreement was executed and, before execution of the agreement, that party: (i) was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible; (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 fraud of a premarital agreement shall be decided by the court as a matter of law. Renumbered and Amended by Chapter 366, 2024 General Session
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