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Amendment H-1184 to HF 940
Relating to civil law, including providing notice to named beneficiaries in probate law, a process for named beneficiaries to obtain ownership of property held by others in probate law, and authorizing spouses to amend premarital agreements, and including applicability provisions
Adopted · March 26, 2025
Filed March 25, 2025 in the House by
What it changes
AI summary This amendment adds new rules for how spouses can change a premarital agreement after they are married, requiring any changes to be in writing and signed by both people. It also specifies that these new rules for amending agreements will apply to legal proceedings that start on or after July 1, 2025.1
Read the amendment’s wording
- Page 1, before line 1 by inserting: “DIVISION I PROBATE LAW —— NAMED BENEFICIARIES”
- Page 3, after line 21 by inserting: “DIVISION ___ PREMARITAL AGREEMENTS —— AMENDMENTS Sec. ___. Section 596.5, subsection 1, Code 2025, is amended by adding the following new paragraph: NEW PARAGRAPH . 0g. Any limitations on the ability of the parties to amend the agreement whether prior to after the solemnization of the marriage except that any amendment must be in writing and signed by both parties. Sec. ___. NEW SECTION . 596.6A Amendment. Notwithstanding section 597.2, a premarital agreement may be amended after marriage only by a written agreement signed by both spouses which satisfies any additional criteria or limitations of an amendment set forth in the premarital agreement. Sec. ___. Section 596.7, unnumbered paragraph 1, Code 2025, is amended to read as follows: After marriage, a premarital agreement or amendment may be revoked only as follows: Sec. ___. Section 596.7, subsection 2, unnumbered paragraph 1, Code 2025, is amended to read as follows: To revoke a premarital agreement or amendment without the consent of the other spouse, the person seeking revocation must prove one or more of the following: Sec. ___. Section 596.8, Code 2025, is amended to read as follows: 596.8 Enforcement.
- A premarital agreement or amendment is not enforceable if the person against whom enforcement is sought proves any of the following: a. The person did not execute the agreement or amendment voluntarily. b. The agreement or amendment was unconscionable when it was executed. c. Before the execution of the agreement or amendment the person was not provided a fair and reasonable disclosure of the property or financial obligations of the other spouse; and the person did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other spouse.
- If a provision of the agreement or amendment or the application of the provision to a party is found by the court to be unenforceable, the provision shall be severed from the remainder of the agreement and shall not affect the provisions, or application, of the agreement which can be given effect without the unenforceable provision. Sec. ___. Section 596.9, Code 2025, is amended to read as follows: 596.9 Unconscionability. In any action under this chapter to revoke or enforce a premarital agreement or amendment, the issue of unconscionability of a premarital agreement or amendment shall be decided by the court as a matter of law. Sec. ___. APPLICABILITY. This division of this Act applies to proceedings concerning premarital agreement amendments commenced on or after July 1,
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- Title page, by striking lines 1 through 3 and inserting “An Act relating to civil law, including providing notice to named beneficiaries in probate law, a process for named beneficiaries to obtain ownership of property held by others in probate law, and authorizing spouses to amend premarital agreements, and including applicability provisions.”
- By renumbering as necessary.