Iowa · statute · Iowa Code ch. 596 · 12 active provisions
As used in this chapter: 1. “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. 2. “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property.
This chapter shall be construed and applied to effectuate its general purpose to make uniform the law with respect to premarital agreements.
This chapter may be cited as the “Iowa Uniform Premarital Agreement Act”.
A premarital agreement must be in writing and signed by both prospective spouses. It is enforceable without consideration other than the marriage. Both parties to the agreement shall execute all documents necessary to enforce the agreement.
1. Parties to a premarital agreement may contract with respect to the following: a. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. b. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, c…
A premarital agreement becomes effective upon the marriage of the parties.
After marriage, a premarital agreement may be revoked only as follows: 1. By a written agreement signed by both spouses. The revocation is enforceable without consideration. 2. To revoke a premarital agreement without the consent of the other spouse, the person seeking revocation must prove one or more of the following…
1. A premarital agreement is not enforceable if the person against whom enforcement is sought proves any of the following: a. The person did not execute the agreement voluntarily. b. The agreement was unconscionable when it was executed. c. Before the execution of the agreement the person was not provided a fair and re…
In any action under this chapter to revoke or enforce a premarital agreement the issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
This chapter takes effect on January 1, 1992, and applies to any premarital agreement executed on or after that date. This chapter does not affect the validity under Iowa law of any premarital agreement entered into prior to January 1, 1992.