37:2-38. Enforcement of premarital or pre-civil union agreement; generally.

   The burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be unenforceable. A premarital or pre-civil union agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:
 
   a.   The party executed the agreement involuntarily; or
 
   b.   (Deleted by amendment, P.L.2013, c.72)
 
   c.   The agreement was unconscionable when it was executed because that party, before execution of the agreement:
 
   (1)   Was not provided full and fair disclosure of the earnings, property and 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;
 
   (3)   Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or
 
   (4)   Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.
 
   d.   The issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law. An agreement shall not be deemed unconscionable unless the circumstances set out in subsection c. of this section are applicable.
 
   amended 2006, c.103, s.33; 2013, c.72, s.2.