Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 14-2-310 - Unenforceable terms(1) In this section, "custodial responsibility" means parental rights and responsibilities, parenting time, access, visitation, or other custodial right or duty with respect to a child.(2) A term in a premarital agreement or marital agreement is not enforceable to the extent that it:(a) Adversely affects a child's right to support;(b) Limits or restricts a remedy available to a victim of domestic violence under law of this state other than this part 3;(c) Purports to modify the grounds for a court-decreed legal separation or marital dissolution available under law of this state other than this part 3;(d) Penalizes a party for initiating a legal proceeding leading to a court-decreed legal separation or marital dissolution; or(e) Violates public policy.(3) A term in a premarital agreement or marital agreement which defines the rights or duties of the parties regarding custodial responsibility is not binding on the court.Part 3 repealed and reenacted with amendments by 2013 Ch. 239,§ 1, eff. 7/1/2014.