{"data":{"id":"us-sd/sdcl-25-2-21","jurisdiction":"us-sd","citation":"SDCL § 25-2-21","heading":"Enforcement.","body":"(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:\n(1) That party did not execute the agreement voluntarily; or\n(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:\n(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;\n(ii) 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\n(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.\n(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.","path":["TITLE 25. DOMESTIC RELATIONS","CHAPTER 25-2. RIGHTS AND OBLIGATIONS OF MARRIAGE"],"source_url":"https://sdlegislature.gov/Statutes/25-2-21","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"8cb3e9fafda22649d90e6b98c33abeb5f55ebb36d16866abc447018897e0d6bd","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-25-2-20","next":"us-sd/sdcl-25-2-22"},"notice":"GroundRules: Original legal text. Not legal advice."}