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§607
Title 19-A: DOMESTIC RELATIONS
Part 2: MARRIED PERSONS
Chapter 21: UNIFORM PREMARITAL AGREEMENT ACT
§609

§608. Enforcement

1.  Not enforceable.  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   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:  
(1) Was not provided a fair and reasonable disclosure of the property or 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; and  
(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Support required.  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.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
3.  Unconscionability.  An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
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