[§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.