[§572D-6]  Enforcement.  (a)  A premarital agreement is enforceable and shall be binding in any action unless 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)  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 eligibility for public assistance.

     (c)  An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. [L 1987, c 321, pt of §1]