Section 37:2-38 - Enforcement of premarital or pre-civil union agreement; generallyThe 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; orb. (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 by L., c. 72,s. 2, eff. 6/27/2013.Amended by L. 2006, c. 103,s. 33, eff. 2/19/2007.