23-2401 Title of act.
23-2401. Title of act. This act may be cited as the “uniform premarital agreement act.” History: L. 1988, ch. 204, § 1; July 1.
23-2402 Definitions.
23-2402. Definitions. As used in this act: (a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage; and (b) “property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. History: L. 1988, ch. […]
23-2403 Premarital agreement; writing required.
23-2403. Premarital agreement; writing required. A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. History: L. 1988, ch. 204, § 3; July 1.
23-2404 Same; areas with respect to which parties may contract; right of child to support not to be adversely affected.
23-2404. Same; areas with respect to which parties may contract; right of child to support not to be adversely affected. (a) Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties in any of the property of either, or both, whenever […]
23-2405 Same; effective, when.
23-2405. Same; effective, when. A premarital agreement becomes effective upon marriage. History: L. 1988, ch. 204, § 5; July 1.
23-2406 Same; amendment or revocation after marriage.
23-2406. Same; amendment or revocation after marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement, signed by the parties. The amended agreement or the revocation is enforceable without consideration. History: L. 1988, ch. 204, § 6; July 1.
23-2407 Same; enforceability.
23-2407. Same; enforceability. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (1) That party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when such agreement was executed and, before execution of the agreement, all of the following applied to […]
23-2408 Same; effect when marriage determined to be void.
23-2408. Same; effect when marriage determined to be void. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. History: L. 1988, ch. 204, § 8; July 1.
23-2409 Same; statute of limitations tolled during marriage; equitable defenses available.
23-2409. Same; statute of limitations tolled during marriage; equitable defenses available. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either […]
23-2410 Uniformity of act.
23-2410. Uniformity of act. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting such act. History: L. 1988, ch. 204, § 10; July 1.
23-2411 Application of act.
23-2411. Application of act. This act shall apply to premarital agreements executed on or after the effective date of this act. History: L. 1988, ch. 204, § 11; July 1.