A. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1) that party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(a) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(b) 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
(c) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
B. An issue of unconscionability or voluntariness of a premarital agreement shall be decided by the court as a matter of law.
History: Laws 1995, ch. 61, § 7.
Prenuptial agreement was unconscionable. — Where the parties signed a prenuptial agreement which provided that each party waived any right to be supported by the other party from the other party's property and that the parties had no claims for support, the agreement was unconscionable because it violated the public policy expressed in Subsection B of 40-3A-4 NMSA 1978. Rivera v. Rivera, 2010-NMCA-106, 149 N.M. 66, 243 P.3d 1148, cert. denied, 2010-NMCERT-010, 149 N.M. 64, 243 P.3d 1146.
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