Common use of Not enforceable Clause in Contracts

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).]

Appears in 8 contracts

Sources: Premarital Agreement, Premarital Agreement, Premarital Agreement

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).]

Appears in 2 contracts

Sources: Premarital Agreement, Premarital Agreement

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)) .]

Appears in 1 contract

Sources: Uniform Premarital Agreement Act