§6.05 Agreement Not Unconscionable

A premarital agreement is not enforceable if the party against whom enforcement is sought proves the agreement was unconscionable when it was executed, and you find all of the following applied to that party before execution of the agreement [FC §1615(a)]:

• That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party;
• That party 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
• That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.