Current with legislation from 2024 Fiscal and Special Sessions.
Section 9-11-402 - Formalities - Definition(a) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration.(b) As used in this section, "acknowledged" means:(1) A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties;(2) A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement;(3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties:(A) Have consulted with their respective attorneys regarding the premarital agreement;(B) Have read and understand the premarital agreement; and(C) Freely entered into the premarital agreement without coercion or undue influence; or(4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.Amended by Act 2017, No. 654,§ 2, eff. 8/1/2017