HF 616 (LSB 1543YH (1) 91)

HOUSE FILE 616

BY  GUSTOFF

A BILL FOR

An Act authorizing spouses to amend premarital agreements, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  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. 2.  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. 3.  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. 4.  Section 596.7, subsection 2, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   To revoke a premarital agreement or an amendment without the consent of the other spouse, the person seeking revocation must prove one or more of the following:
    Sec. 5.  Section 596.8, Code 2025, is amended to read as follows:
   596.8  Enforcement.
   1.  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.
   2.  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. 6.  Section 596.9, Code 2025, is amended to read as follows:
   596.9  Unconscionability.
   In any action under this chapter to amend, 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. 7.  APPLICABILITY.  This Act applies to proceedings concerning premarital agreement amendments commenced on or after July 1, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows parties to amend premarital agreements. Under current law, parties are only allowed to either revoke or enforce a premarital agreement. The bill provides that a premarital agreement amendment must be in writing and signed by both spouses, and must also satisfy any additional criteria or limitations of an amendment set forth in the premarital agreement as agreed to by the parties.
   The bill applies to proceedings concerning premarital agreement amendments commenced on or after July 1, 2025.