House File 940 H-1184 Amend House File 940 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 PROBATE LAW —— NAMED BENEFICIARIES > 4 2. Page 3, after line 21 by inserting: 5 < DIVISION ___ 6 PREMARITAL AGREEMENTS —— AMENDMENTS 7 Sec. ___. Section 596.5, subsection 1, Code 2025, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . 0g. Any limitations on the ability of the 10 parties to amend the agreement whether prior to after the 11 solemnization of the marriage except that any amendment must be 12 in writing and signed by both parties. 13 Sec. ___. NEW SECTION . 596.6A Amendment. 14 Notwithstanding section 597.2, a premarital agreement may 15 be amended after marriage only by a written agreement signed 16 by both spouses which satisfies any additional criteria 17 or limitations of an amendment set forth in the premarital 18 agreement. 19 Sec. ___. Section 596.7, unnumbered paragraph 1, Code 2025, 20 is amended to read as follows: 21 After marriage, a premarital agreement or amendment may be 22 revoked only as follows: 23 Sec. ___. Section 596.7, subsection 2, unnumbered paragraph 24 1, Code 2025, is amended to read as follows: 25 To revoke a premarital agreement or amendment without the 26 consent of the other spouse, the person seeking revocation must 27 prove one or more of the following: 28 Sec. ___. Section 596.8, Code 2025, is amended to read as 29 follows: 30 596.8 Enforcement. 31 1. A premarital agreement or amendment is not enforceable 32 if the person against whom enforcement is sought proves any of 33 the following: 34 a. The person did not execute the agreement or amendment 35 -1- HF 940.1250 (2) 91 cm/jh 1/ 3 #1. #2.
voluntarily. 1 b. The agreement or amendment was unconscionable when it 2 was executed. 3 c. Before the execution of the agreement or amendment the 4 person was not provided a fair and reasonable disclosure of 5 the property or financial obligations of the other spouse; and 6 the person did not have, or reasonably could not have had, an 7 adequate knowledge of the property or financial obligations of 8 the other spouse. 9 2. If a provision of the agreement or amendment or the 10 application of the provision to a party is found by the court 11 to be unenforceable, the provision shall be severed from the 12 remainder of the agreement and shall not affect the provisions, 13 or application, of the agreement which can be given effect 14 without the unenforceable provision. 15 Sec. ___. Section 596.9, Code 2025, is amended to read as 16 follows: 17 596.9 Unconscionability. 18 In any action under this chapter to revoke or enforce 19 a premarital agreement or amendment, the issue of 20 unconscionability of a premarital agreement or amendment shall 21 be decided by the court as a matter of law. 22 Sec. ___. APPLICABILITY. This division of this Act applies 23 to proceedings concerning premarital agreement amendments 24 commenced on or after July 1, 2025. > 25 3. Title page, by striking lines 1 through 3 and inserting 26 < An Act relating to civil law, including providing notice 27 to named beneficiaries in probate law, a process for named 28 beneficiaries to obtain ownership of property held by others 29 in probate law, and authorizing spouses to amend premarital 30 agreements, and including applicability provisions. > 31 4. By renumbering as necessary. 32 -2- HF 940.1250 (2) 91 cm/jh 2/ 3 #3.
______________________________ GUSTOFF of Polk -3- HF 940.1250 (2) 91 cm/jh 3/ 3