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
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HF
940.1250
(2)
91
cm/jh
2/
3
#3.
______________________________
GUSTOFF
of
Polk
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940.1250
(2)
91
cm/jh
3/
3