Unenforceable terms.

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(1) In this section, "custodial responsibility" means parental rights and responsibilities, parenting time, access, visitation, or other custodial right or duty with respect to a child.

(2) A term in a premarital agreement or marital agreement is not enforceable to the extent that it:

  1. Adversely affects a child's right to support;

  2. Limits or restricts a remedy available to a victim of domestic violence under law ofthis state other than this part 3;

  3. Purports to modify the grounds for a court-decreed legal separation or marital dissolution available under law of this state other than this part 3;

  4. Penalizes a party for initiating a legal proceeding leading to a court-decreed legalseparation or marital dissolution; or (e) Violates public policy.

(3) A term in a premarital agreement or marital agreement which defines the rights or duties of the parties regarding custodial responsibility is not binding on the court.

Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1163, § 1, effective July 1, 2014.


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