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House
File
616
-
Introduced
HOUSE
FILE
616
BY
GUSTOFF
A
BILL
FOR
An
Act
authorizing
spouses
to
amend
premarital
agreements,
and
1
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1543YH
(1)
91
cm/jh
H.F.
616
Section
1.
Section
596.5,
subsection
1,
Code
2025,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0g.
Any
limitations
on
the
ability
of
the
3
parties
to
amend
the
agreement
whether
prior
to
after
the
4
solemnization
of
the
marriage
except
that
any
amendment
must
be
5
in
writing
and
signed
by
both
parties.
6
Sec.
2.
NEW
SECTION
.
596.6A
Amendment.
7
Notwithstanding
section
597.2,
a
premarital
agreement
may
8
be
amended
after
marriage
only
by
a
written
agreement
signed
9
by
both
spouses
which
satisfies
any
additional
criteria
10
or
limitations
of
an
amendment
set
forth
in
the
premarital
11
agreement.
12
Sec.
3.
Section
596.7,
unnumbered
paragraph
1,
Code
2025,
13
is
amended
to
read
as
follows:
14
After
marriage,
a
premarital
agreement
or
amendment
may
be
15
revoked
only
as
follows:
16
Sec.
4.
Section
596.7,
subsection
2,
unnumbered
paragraph
17
1,
Code
2025,
is
amended
to
read
as
follows:
18
To
revoke
a
premarital
agreement
or
an
amendment
without
the
19
consent
of
the
other
spouse,
the
person
seeking
revocation
must
20
prove
one
or
more
of
the
following:
21
Sec.
5.
Section
596.8,
Code
2025,
is
amended
to
read
as
22
follows:
23
596.8
Enforcement.
24
1.
A
premarital
agreement
or
amendment
is
not
enforceable
25
if
the
person
against
whom
enforcement
is
sought
proves
any
of
26
the
following:
27
a.
The
person
did
not
execute
the
agreement
or
amendment
28
voluntarily.
29
b.
The
agreement
or
amendment
was
unconscionable
when
it
30
was
executed.
31
c.
Before
the
execution
of
the
agreement
or
amendment
the
32
person
was
not
provided
a
fair
and
reasonable
disclosure
of
33
the
property
or
financial
obligations
of
the
other
spouse;
and
34
the
person
did
not
have,
or
reasonably
could
not
have
had,
an
35
-1-
LSB
1543YH
(1)
91
cm/jh
1/
2
H.F.
616
adequate
knowledge
of
the
property
or
financial
obligations
of
1
the
other
spouse.
2
2.
If
a
provision
of
the
agreement
or
amendment
or
the
3
application
of
the
provision
to
a
party
is
found
by
the
court
4
to
be
unenforceable,
the
provision
shall
be
severed
from
the
5
remainder
of
the
agreement
and
shall
not
affect
the
provisions,
6
or
application,
of
the
agreement
which
can
be
given
effect
7
without
the
unenforceable
provision.
8
Sec.
6.
Section
596.9,
Code
2025,
is
amended
to
read
as
9
follows:
10
596.9
Unconscionability.
11
In
any
action
under
this
chapter
to
amend,
revoke
,
or
12
enforce
a
premarital
agreement
or
amendment,
the
issue
of
13
unconscionability
of
a
premarital
agreement
or
amendment
shall
14
be
decided
by
the
court
as
a
matter
of
law.
15
Sec.
7.
APPLICABILITY.
This
Act
applies
to
proceedings
16
concerning
premarital
agreement
amendments
commenced
on
or
17
after
July
1,
2025.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
allows
parties
to
amend
premarital
agreements.
22
Under
current
law,
parties
are
only
allowed
to
either
revoke
23
or
enforce
a
premarital
agreement.
The
bill
provides
that
a
24
premarital
agreement
amendment
must
be
in
writing
and
signed
25
by
both
spouses,
and
must
also
satisfy
any
additional
criteria
26
or
limitations
of
an
amendment
set
forth
in
the
premarital
27
agreement
as
agreed
to
by
the
parties.
28
The
bill
applies
to
proceedings
concerning
premarital
29
agreement
amendments
commenced
on
or
after
July
1,
2025.
30
-2-
LSB
1543YH
(1)
91
cm/jh
2/
2