25-2-21. Enforcement.(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:(1)That party did not execute the agreement voluntarily; or(2)The agreement was unconscionable when it was executed and, before execution of the agreement, that party:(i)Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;(ii)Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and(iii)Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. Source: SL 1989, ch 216, §6.
South Dakota Legal Code