[572D-10] Prior agreements. All written agreements entered into prior to July 1, 1987, between prospective spouses for the purpose of affecting any of the provisions of this chapter shall be valid and enforceable if otherwise valid as contracts. [L 1987, c 321, pt of 1]

 

Revision Note

 

"July 1, 1987" and "chapter" substituted for "the enactment of this Act" and "Act".

 

Case Notes

 

If the premarital agreement is a valid contract, the agreement must be enforced. The agreement will not be enforced if party did not freely and voluntarily enter into the agreement or the agreement is unconscionable. Issue of unconscionability of provision governing division of property should be evaluated at time agreement was executed. 69 H. 497, 748 P.2d 1362 (1988).

Where marriage of husband and wife and their relinquishment of their rights in each other's estate constituted adequate consideration for their premarital agreement, no evidence was adduced that wife signed the agreement under duress, coercion, undue influence, or any other circumstances indicating lack of free will or voluntariness, and agreement was not unacceptably one-sided and did not involve terms of unfair surprise so as to render it unconscionable, trial court erred in concluding that agreement was unenforceable. 114 H. 286 (App.), 162 P.3d 2 (2007).

 

 

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