Iowa Code » Chapter 596 — PREMARITAL AGREEMENTS
Iowa Code

Iowa Code § 596.8 (2026)

Enforcement

✓ current as of July 2026
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1. A premarital agreement is not enforceable if the person against whom enforcement is sought proves any of the following: a. The person did not execute the agreement voluntarily. b. The agreement was unconscionable when it was executed. c. Before the execution of the agreement 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 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. 91 Acts, ch 77, §8; 2013 Acts, ch 30, §261

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596.9 Unconscionability. In any action under this chapter to revoke or enforce a premarital agreement the issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. 91 Acts, ch 77, §9

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Notes of Decisions
Cited in 22 cases (9 in the last 5 years), 1996–2025 · leading case: In Re the Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008).
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In Re the Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008). · cites it 33× “By bifurcating the un-conseionability and disclosure considerations, we believe the Iowa General Assembly rejected the choice made by the UPAA’s drafters to permit challenges based on unconscionability only if appropriate financial disclosures are not made and the other spouse…”
Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). · cites it 14× “Compare Iowa Code § 596.8 (1), with Unif. Premarital Agreement Act § 6(a), 9C U.”
In Re the Marriage of Spiegel, 553 N.W.2d 309 (Iowa 1996). · cites it 4× “…or the other party did not make a fair and reasonable disclosure of his or her property or financial obligations. Iowa Code § 596.8 (1995).”
In re the Marriage of Shanks, 805 N.W.2d 175 (Iowa Ct. App. 2011). · cites it 2× “First, the UPAA allows a party to modify or eliminate spousal support in a premarital agreement, as long as the modification or elimination does not cause the other party to be eligible for public assistance at the time of enforcement.”
In Re The Marriage Of Randall J. Shanks & Teresa E. Shanks Upon The Petition Of Randall J. Shanks (Iowa 2008). · cites it 30× “Marriage & Divorce Act § 306, Comm’r Note (1973) (citations omitted). The UPAA and IUPAA narrow the temporal focus of the unconscionability analysis to the time “when [the agreement] was executed.”
In the Matter of the Est. of Clarence I. Laube (Iowa Ct. App. 2022). · cites it 16× “See Iowa Code § 596.8 (1) (placing the burden on “the person against whom enforcement is sought” to prove grounds); see also In re Est.”
Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). · cites it 14× “Compare Iowa Code § 596.8 (1), with Unif. Premarital Agreement Act § 6(a), 9C U.”
In re the Marriage of Holtkamp (Iowa Ct. App. 2018). · cites it 13× “Iowa Code § 596.8 (1). Ashley argues the prenuptial agreement is unenforceable under all three paragraphs.”
In the Matter of the Est. of John R. Rhoten (Iowa Ct. App. 2019). · cites it 6× “” Iowa Code § 596.8 (1)(b). The Iowa Supreme Court has not adopted a precise definition of “unconscionability,” but has stated “the concept is not a means by which a party may escape the requirements of an unfavorable contract after experiencing buyer’s remorse.”
In re the Marriage of Moeller (Iowa Ct. App. 2019). · cites it 6× “See Iowa Code § 596.8 (1)(c); see also In re Marriage of Sell, 451 N.”
In re the Marriage of Joann L. Barten & Troy T. Bigelow (Iowa Ct. App. 2023). · cites it 6× “Iowa Code § 596.8 (1) (2020). Troy contends the premarital agreement is not enforceable under Iowa Code section 596.”
In re the Marriage of Snyder (Iowa Ct. App. 2022). · cites it 5× “Iowa Code section 596.8 (2021) provides three grounds for challenging the enforceability of a premarital agreement: (1) the agreement was not entered into voluntarily; (2) the agreement was unconscionable when executed; and (3) the person challenging the agreement’s validity was…”
Show all 22 citing cases →
— Iowa Code § 596.8(1) — 6 cases
In Re the Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008). “By bifurcating the un-conseionability and disclosure considerations, we believe the Iowa General Assembly rejected the choice made by the UPAA’s drafters to permit challenges based on unconscionability only if appropriate financial disclosures are not made and the other spouse…”
In re the Marriage of Shanks, 805 N.W.2d 175 (Iowa Ct. App. 2011). “First, the UPAA allows a party to modify or eliminate spousal support in a premarital agreement, as long as the modification or elimination does not cause the other party to be eligible for public assistance at the time of enforcement.”
In Re The Marriage Of Randall J. Shanks & Teresa E. Shanks Upon The Petition Of Randall J. Shanks (Iowa 2008). “Marriage & Divorce Act § 306, Comm’r Note (1973) (citations omitted). The UPAA and IUPAA narrow the temporal focus of the unconscionability analysis to the time “when [the agreement] was executed.”
In re the Marriage of Moeller (Iowa Ct. App. 2019). “See Iowa Code § 596.8 (1)(c); see also In re Marriage of Sell, 451 N.”
In the Matter of the Est. of Clarence I. Laube (Iowa Ct. App. 2022). “See Iowa Code § 596.8 (1) (placing the burden on “the person against whom enforcement is sought” to prove grounds); see also In re Est.”
— Iowa Code § 596.8(1)(a) — 1 case
In re the Marriage of McCabe (Iowa Ct. App. 2022).
— Iowa Code § 596.8(1)(b) — 1 case
In re the Marriage of Joann L. Barten & Troy T. Bigelow (Iowa Ct. App. 2023). “Iowa Code § 596.8 (1) (2020). Troy contends the premarital agreement is not enforceable under Iowa Code section 596.”
— Iowa Code § 596.8(1)(c) — 5 cases
In the Matter of the Est. of Clarence I. Laube (Iowa Ct. App. 2022). “See Iowa Code § 596.8 (1) (placing the burden on “the person against whom enforcement is sought” to prove grounds); see also In re Est.”
In re the Marriage of Hansen (Iowa Ct. App. 2018).
In re the Marriage of Holtkamp (Iowa Ct. App. 2018). “Iowa Code § 596.8 (1). Ashley argues the prenuptial agreement is unenforceable under all three paragraphs.”
In the Matter of the Est. of John R. Rhoten (Iowa Ct. App. 2019). “” Iowa Code § 596.8 (1)(b). The Iowa Supreme Court has not adopted a precise definition of “unconscionability,” but has stated “the concept is not a means by which a party may escape the requirements of an unfavorable contract after experiencing buyer’s remorse.”
In re the Marriage of Moeller (Iowa Ct. App. 2019). “See Iowa Code § 596.8 (1)(c); see also In re Marriage of Sell, 451 N.”
— Iowa Code § 596.8(2) — 3 cases
In Re the Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008). “By bifurcating the un-conseionability and disclosure considerations, we believe the Iowa General Assembly rejected the choice made by the UPAA’s drafters to permit challenges based on unconscionability only if appropriate financial disclosures are not made and the other spouse…”
In Re The Marriage Of Randall J. Shanks & Teresa E. Shanks Upon The Petition Of Randall J. Shanks (Iowa 2008). “Marriage & Divorce Act § 306, Comm’r Note (1973) (citations omitted). The UPAA and IUPAA narrow the temporal focus of the unconscionability analysis to the time “when [the agreement] was executed.”
In re Marriage of Prusha (Iowa Ct. App. 2025).
— Iowa Code § 596.8(3) — 2 cases
In Re the Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008). “By bifurcating the un-conseionability and disclosure considerations, we believe the Iowa General Assembly rejected the choice made by the UPAA’s drafters to permit challenges based on unconscionability only if appropriate financial disclosures are not made and the other spouse…”
In Re The Marriage Of Randall J. Shanks & Teresa E. Shanks Upon The Petition Of Randall J. Shanks (Iowa 2008). “Marriage & Divorce Act § 306, Comm’r Note (1973) (citations omitted). The UPAA and IUPAA narrow the temporal focus of the unconscionability analysis to the time “when [the agreement] was executed.”
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