Iowa Code 596.8 – Enforcement
Current as of: 2023 | Check for updates
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1. A premarital agreement is not enforceable if the person against whom enforcement is sought proves any of the following:
a. The person did not execute the agreement voluntarily.
b. The agreement was unconscionable when it was executed.
c. Before the execution of the agreement the person was not provided a fair and reasonable disclosure of the property or financial obligations of the other spouse; and the person did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other spouse.
Terms Used In Iowa Code 596.8
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See Iowa Code 596.1
- Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property. See Iowa Code 596.1
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
2. If a provision of the agreement or the application of the provision to a party is found by the court to be unenforceable, the provision shall be severed from the remainder of the agreement and shall not affect the provisions, or application, of the agreement which can be given effect without the unenforceable provision.