PrenupsAI

50-state evidence matrix

Financial disclosure in prenups

Catalogued authorities concerning disclosure, knowledge, waiver, and financial-obligation records.

49 states have 83 separately catalogued authority records for this topic. 1 states show a visible coverage gap.
50states shown
49with evidence records
83matching authorities
1visible gaps

Manual editorial field guide

Financial disclosure is a record-matching exercise, not a recital hunt. The agreement, schedules, source documents, valuation dates, written waivers, and evidence of independent knowledge must be compared without assuming that any single item proves the whole picture.

428 manually authored words · evidence tables continue below

Build a disclosure ledger

Create one row for every material asset, debt, income stream, business interest, trust interest, guarantee, and contingent obligation. Record what the schedule says, the stated value and date, the supporting record, who received it, and any discrepancy. This turns a vague claim of ‘full disclosure’ into a reviewable dataset.

Materiality cannot be determined from size alone. An omitted minority business interest may carry control, future value, or debt exposure. A trust may be discretionary yet economically significant. A guarantee may not appear on a personal balance sheet. Preserve nuance rather than forcing every item into a yes-or-no field.

Treat valuation as dated evidence

A value is meaningful only with an as-of date, method, scope, and source. Tax basis, book value, appraisal value, and an owner’s estimate are not interchangeable. Rapidly changing businesses, equity awards, real estate projects, and digital assets need special attention. The goal is not to retroactively perfect every number but to describe what was actually conveyed.

If a schedule uses ranges, rounded figures, or ‘unknown,’ note whether underlying statements or appraisals were supplied. If values changed before signing, preserve both the earlier disclosure and later information rather than overwriting history with current figures.

Keep disclosure, waiver, and knowledge separate

Many state authorities catalogue some combination of disclosure, written waiver, and adequate knowledge. These are related but distinct evidence paths. A waiver is not proof that it was effective; knowledge is not proved merely because the parties lived together; a detailed schedule does not prove it was delivered before signing.

The report should state what documents were found, what delivery evidence exists, what the waiver says, and what independent knowledge can be supported. That presentation enables legal analysis without turning the system into a validity oracle.

Questions for the document

What to ask before drawing a conclusion

  • Which assets, debts, income streams, interests, and guarantees appear in the agreement or outside records?
  • What value, date, method, and supporting material accompanies each disclosed item?
  • When and how was each schedule or financial record delivered to the other party?
  • What written waiver or evidence of independent knowledge exists, and what remains unsupported?

Outside evidence

What the agreement cannot prove alone

  • Signed schedules, drafts, delivery emails, data-room logs, and written disclosure waivers
  • Bank, brokerage, retirement, loan, tax, and credit records around the disclosure date
  • Business financials, cap tables, appraisals, equity plans, guarantees, and contingent obligations
  • Trust instruments, beneficiary statements, property records, and evidence of independently known holdings
StateCoverageCitations and scoped summariesNext step
Alabama (AL)
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3 sources
Ala. Code § 43-8-72
A surviving spouse may waive some or all elective-share, homestead-allowance, exempt-property, and family-allowance rights before or after marriage through a written contract, agreement, or waiver signed after fair disclosure.
Barnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980)
Barnhill's second alternative requires full knowledge of the interest in the other party's estate and its approximate value; later decisions evaluate whether general knowledge was sufficient on their specific records.
Northington v. Northington, 257 So. 3d 326 (Ala. Civ. App. 2017), cert. denied (Ala. 2018)
Northington held that general knowledge of the other spouse's estate and what was being relinquished could satisfy Barnhill on a record involving negotiation and counsel even without proof of every exact asset value.
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Alaska (AK)
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2 sources
Alaska Stat. § 34.77.090(g)–(i)
Section 34.77.090 supplies different enforcement formulations for agreements executed during marriage and before marriage, addressing voluntariness, execution-time unconscionability, disclosure, written waiver, and financial notice; the court decides unconscionability as a matter of law.
Brooks v. Brooks, 733 P.2d 1044 (Alaska 1987)
Material nondisclosure, misrepresentation, fraud, mistake, or duress can defeat enforcement under Brooks; the actual schedules, debts, values, and knowledge record must be preserved.
Open AK checklist →
Arizona (AZ)
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1 source
A.R.S. § 25-202(C)(2)
For the statutory unconscionability ground, Arizona also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or obligations.
Open AZ checklist →
Arkansas (AR)
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2 sources
Ark. Code Ann. § 9-11-406(a)(2), (c)
The execution-time unconscionability ground also requires no fair disclosure, no qualifying written waiver after consulting counsel, and no adequate financial knowledge.
Banks v. Evans, 347 Ark. 383, 64 S.W.3d 746 (2002)
Banks applies section 9-11-406 and evaluates experience, education, financial knowledge, disclosure, waiver, counsel certification, and opportunity to read.
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California (CA)
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1 source
Cal. Fam. Code § 1615(a)–(b)
The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge.
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Colorado (CO)
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1 source
C.R.S. § 14-2-309(1)(d), (4)
Before signing, a party needs reasonably accurate property, liability, and income information plus good-faith values, or adequate knowledge or a reasonable basis for it.
Open CO checklist →
Connecticut (CT)
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1 source
Conn. Gen. Stat. § 46b-36g(a)(3)
Before execution, Connecticut requires fair and reasonable disclosure of the amount, character, and value of the other party's property, financial obligations, and income for this enforcement safeguard.
Open CT checklist →
Delaware (DE)
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1 source
13 Del. C. § 326(a)(2)
For Delaware's statutory unconscionability ground, the statute also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or financial obligations.
Open DE checklist →
Florida (FL)
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1 source
Fla. Stat. § 61.079(7)(a)
Florida addresses voluntary execution, fraud, duress, coercion, overreaching, and an unconscionability/disclosure framework.
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Georgia (GA)
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1 source
Mallen v. Mallen, 280 Ga. 43, 622 S.E.2d 812 (2005)
Mallen held that general knowledge of the character and extent of assets and income could suffice on its record even without precise income figures and considered the duty to inquire absent fraud or misrepresentation.
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Hawaii (HI)
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2 sources
Haw. Rev. Stat. § 572D-6(a)(2)
Hawaii's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.
L.R.O. v. N.D.O., 148 Hawai‘i 336, 475 P.3d 1167 (2020)
L.R.O. held that section 572D-6(a)(2) requires both substantive and procedural unconscionability: substantive unconscionability concerns an unjustly disproportionate post-divorce economic result, while procedural unconscionability concerns inadequate financial knowledge at execution.
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Idaho (ID)
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1 source
Idaho Code § 32-925(1)(b), (3)
Idaho's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
Open ID checklist →
Illinois (IL)
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1 source
750 ILCS 10/7(a), (c)
Illinois addresses voluntary execution and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.
Open IL checklist →
Indiana (IN)
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1 source
Harrill v. Harrill, 258 N.E.3d 1008, 1014–16 (Ind. Ct. App. 2025)
Harrill explains that Indiana generally imposes no absolute duty to identify every separate asset, but a duty may arise from unique facts or from the agreement's own disclosure promises; omitted accounts were classified under that agreement's text.
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Iowa (IA)
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1 source
Iowa Code § 596.8(1)(c) (2026)
Iowa's disclosure ground examines whether the resisting party received fair and reasonable disclosure and lacked, or reasonably could not have had, adequate knowledge of the other spouse's property or financial obligations.
Open IA checklist →
Kansas (KS)
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1 source
K.S.A. § 23-2407(a)(2), (c)
Kansas's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
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Kentucky (KY)
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3 sources
Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990)
Gentry recognizes divorce-related premarital property agreements that were freely, knowingly, and voluntarily executed after full disclosure, subject to review for defects, unconscionability, and materially changed circumstances.
Lawson v. Loid, 896 S.W.2d 1 (Ky. 1995)
The spouse giving up rights must be fully apprised of the extent and nature of the other estate and the value of the rights surrendered.
Lawson v. Loid, 896 S.W.2d 1 (Ky. 1995)
The party relying on a prenuptial agreement bears the burden of proving full disclosure of assets at signing.
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Louisiana (LA)
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1 source
McAlpine v. McAlpine, 679 So. 2d 85 (La. 1996); Crow v. Crow, 56,445-CA (La. App. 2 Cir. Nov. 19, 2025)
Louisiana's matrimonial-agreement articles contain no UPAA-style disclosure safe harbor; asset schedules, representations, and actual knowledge remain important evidence for fraud, error, scope, and informed consent.
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Maine (ME)
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1 source
19-A M.R.S. § 608(1)(B), (3) (2025)
Maine's execution-time unconscionability ground also examines fair and reasonable disclosure, express written waiver, and adequate knowledge of the other party's property or financial obligations.
Open ME checklist →
Maryland (MD)
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4 sources
Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005)
Cannon restates Maryland's antenuptial-agreement framework, including the confidential relationship, enforcement burden, overreaching, disclosure or knowledge, voluntariness, counsel opportunity, and execution-time fairness.
Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005)
Full, frank, and truthful disclosure of property and financial interests can establish that the waiving party knew what rights were being relinquished and defeat an overreaching claim.
Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005)
Actual knowledge of the other party's property and finances may substitute for full disclosure when sufficient to understand what is being waived.
Stewart v. Stewart, 214 Md. App. 458, 76 A.3d 1221 (2013)
Stewart upheld an agreement where the spouse knew the principal assets and their potential value, read and understood the agreement, retained significant rights, and was not threatened or misled.
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Massachusetts (MA)
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1 source
Rosenberg v. Lipnick, 377 Mass. 666, 389 N.E.2d 385 (1979)
The waiving party must be informed of the other's worth or have adequate knowledge, and disclosure must permit a reasonable decision whether to proceed.
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Michigan (MI)
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3 sources
Reed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005)
A Reed nondisclosure challenge must concern a material fact; schedules, actual knowledge, negotiations, and the omission's effect matter.
In re Benker Estate, 416 Mich. 681, 331 N.W.2d 193 (1982)
Benker requires a survivor-rights waiver to be fair, equitable, reasonable, voluntary, and understanding after fair disclosure within the parties' confidential relationship.
In re Benker Estate, 416 Mich. 681, 331 N.W.2d 193 (1982)
Benker applied a rebuttable nondisclosure presumption on cumulative facts including complete waiver, wealth disparity, secretive finances, no disclosure recital, no separate counsel, and drafting-process defects.
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Minnesota (MN)
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1 source
Minn. Stat. § 519.11, subd. 1b(a)–(b)(1)
Each party must provide reasonably accurate material income facts, good-faith property-value estimates, and the basis for those disclosures; this requirement cannot be waived.
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Mississippi (MS)
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2 sources
Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014)
Fair execution ordinarily requires disclosure of each party's financial assets through statements or sufficiently proved independent knowledge.
Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014)
Fair disclosure may be established by financial statements or the other party's independent knowledge of the financial state.
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Missouri (MO)
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3 sources
Miles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998)
Missouri's fairness inquiry requires full disclosure of the nature and extent of property interests material to the bargain.
Miles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998)
Actual knowledge, education, business experience, and participation in drafting may bear on whether the signer understood the disclosed interests and waived rights knowingly.
Mo. Rev. Stat. §§ 474.120, 474.220
Missouri's intestate-waiver provision calls for disclosure of legal rights and all property interests, while the testate-election provision separately addresses disclosure of the right waived.
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Montana (MT)
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2 sources
Mont. Code Ann. § 40-2-608(1)(b), (3)
Montana's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.
In re Marriage of Bliss, 2016 MT 51
Bliss affirmed enforcement where notarization, original-file evidence, counsel consultation, a later free-will affidavit, and knowledge of omitted low-profit businesses supported voluntariness and fair disclosure.
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Nebraska (NE)
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1 source
Neb. Rev. Stat. § 42-1006(1)(b), (3)
Nebraska's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
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Nevada (NV)
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2 sources
NRS 123A.080(1)(c)
Nevada separately permits a challenger to prove all three disclosure conditions: no fair and reasonable disclosure before execution, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.
Fick v. Fick, 109 Nev. 458, 851 P.2d 445 (1993)
Fick affirmed that the agreement's alimony-waiver provisions were unenforceable where the asset schedule was not supplied until after signing and marriage and the record did not establish adequate prior knowledge of the full assets and obligations.
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New Hampshire (NH)
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2 sources
In the Matter of Nizhnikov, 168 N.H. 525 (2016)
A challenger must connect an alleged omission or misrepresentation to a material fact and show that the agreement was obtained through that defect.
In the Matter of Nizhnikov, 168 N.H. 525 (2016)
The parties' actual knowledge, business involvement, education, translations, and the agreement's disclosure language may bear on a material-nondisclosure claim.
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New Jersey (NJ)
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3 sources
N.J. Stat. § 37:2-33
New Jersey's formality section expressly requires a statement of assets to be annexed to the agreement, independently of the current enforcement section's full-and-fair-disclosure analysis.
N.J. Stat. § 37:2-38(c)(1)–(3)
The current unconscionability inquiry lists absence of full and fair disclosure, absence of a voluntary express written waiver of further disclosure, and absence of actual or reasonably available adequate knowledge among its execution-time circumstances.
In re Estate of Shinn, 394 N.J. Super. 55, 925 A.2d 88 (App. Div. 2007)
Shinn held that equitable estoppel could not override statutory unenforceability where a premarital elective-share waiver lacked full disclosure or an adequate waiver of disclosure.
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New Mexico (NM)
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2 sources
N.M. Stat. § 40-3A-7(A)(2)
New Mexico's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.
Rivera v. Rivera, 2010-NMCA-106, ¶¶ 16–27, 149 N.M. 66, 243 P.3d 1148
Rivera applies section 40-3A-7(B) by treating voluntariness and unconscionability as legal questions subject to de novo review and recognized undisputed absence of disclosure, written waiver, and adequate knowledge on its record.
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New York (NY)
ny-2026-07-18.3
No separate recordThe package does not encode this as a standalone topic. No legal absence is inferred.Open NY checklist →
North Carolina (NC)
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2 sources
N.C. Gen. Stat. § 52B-7(a)(2)
North Carolina's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.
Kornegay v. Robinson, 176 N.C. App. 19, 31–33, 625 S.E.2d 805 (2006)
Kornegay found the reciprocal separate-property and support waivers before it were not substantively unconscionable and explained that North Carolina unconscionability analysis requires both substantive and procedural components.
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North Dakota (ND)
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1 source
N.D.C.C. § 14-03.2-08(1)(d), (4)
North Dakota defines adequate disclosure through a reasonably accurate description and good-faith value estimate, a separate signed waiver of further disclosure, or adequate knowledge or a reasonable basis for it.
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Ohio (OH)
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2 sources
Gross v. Gross, 11 Ohio St. 3d 99 (1984)
The proponent must establish full disclosure or the other party's full knowledge and understanding of the nature, value, and extent of the proponent's property when the bargain is disproportionate.
Fletcher v. Fletcher, 68 Ohio St. 3d 464, 628 N.E.2d 1343 (1994)
When a party receives disproportionately less than equitable distribution would provide, the proponent bears the burden to show full disclosure or full knowledge of assets.
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Oklahoma (OK)
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4 sources
Griffin v. Griffin, 2004 OK CIV APP 58
Fair disclosure generally requires approximate information about net worth and property character before execution, not invariably exact appraisal-level detail.
In re Burgess' Estate, 646 P.2d 623 (Okla. Civ. App. 1982); Griffin v. Griffin, 2004 OK CIV APP 58
A signer may be bound if the signer had or reasonably should have had general and approximate knowledge of the other's property character and extent.
Griffin v. Griffin, 2004 OK CIV APP 58
If an agreement is apparently unfair on its face, equity presumes against validity and places on the proponent the burden to show full disclosure or the other party's effective awareness.
Griffin v. Griffin, 2004 OK CIV APP 58
A contractual recital of full disclosure may create a presumption of disclosure, rebuttable by clear and convincing proof of fraud or misrepresentation.
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Oregon (OR)
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1 source
ORS 108.725(1)(b), (3)
Oregon's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
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Pennsylvania (PA)
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2 sources
23 Pa.C.S. § 3106(a)(2)
The disclosure branch requires the challenger to prove all three conditions before execution: no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no adequate knowledge of the other party's property or financial obligations.
Porreco v. Porreco, 571 Pa. 61, 811 A.2d 566 (2002) (opinion announcing judgment)
Porreco concluded that the claimed ring-value misrepresentation lacked justifiable reliance and remanded the distinct confidential-relationship issue.
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Rhode Island (RI)
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1 source
R.I. Gen. Laws § 15-17-6(a)(2)(i)–(iii)
The challenger must prove no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.
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South Carolina (SC)
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1 source
S.C. Code Ann. § 20-3-630(A)(4)
The statutory presumptively-fair treatment references full disclosure of income, debts, and assets.
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South Dakota (SD)
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1 source
S.D. Codified Laws § 25-2-21(a)(2), (b)
South Dakota's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
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Tennessee (TN)
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4 sources
In re Estate of Lester Stokes, No. W2021-00249-COA-R3-CV (Tenn. Ct. App. Feb. 17, 2022)
Stokes reversed enforcement because key cash, retirement, insurance, and other interests were omitted and full knowledge was not proved.
Randolph v. Randolph, 937 S.W.2d 815, 821–22 (Tenn. 1996)
Knowledgeability may be proved through full and fair disclosure of the nature, extent, and value of the proponent's holdings.
Randolph v. Randolph, 937 S.W.2d 815, 821–22 (Tenn. 1996)
The proponent may instead prove the resisting spouse independently knew the full nature, extent, and value of the holdings.
Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996); Ellis v. Ellis, No. E2013-02408-COA-R9-CV
Precise valuation of every asset is not invariably required, but disclosure must give a clear idea of the nature, extent, and value of property and resources.
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Texas (TX)
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1 source
Tex. Fam. Code § 4.006
Texas addresses voluntary signing and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.
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Utah (UT)
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2 sources
Utah Code § 81-3-205(1)(b), (3)
Utah's second enforcement ground requires fraud at execution together with reasonable-disclosure, written-waiver, and adequate-knowledge conditions.
Keyes v. Keyes, 2015 UT App 114
Keyes holds that fraud is separate from the three disclosure conditions and all four requirements must be satisfied under Utah's statutory fraud ground.
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Vermont (VT)
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3 sources
Bassler v. Bassler, 156 Vt. 353, 593 A.2d 82 (1991)
Bassler supplies Vermont's foundational disclosure, voluntariness, substantive-fairness, and unconscionability requirements.
Lacroix v. Rysz, 2025 VT 16, ¶ 12; Bassler v. Bassler, 156 Vt. 353
Each spouse must make fair and reasonable disclosure of financial status before execution.
14 V.S.A. § 323(b)
A contestant may show involuntariness, fraud, duress, coercion, unconscionability or material change, deficient disclosure, or no meaningful access to independent counsel.
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Virginia (VA)
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1 source
Va. Code § 20-151(A)(2)–(B)
For Virginia's statutory unconscionability ground, the statute examines fair and reasonable disclosure and voluntary, express written waiver of disclosure beyond what was provided; agreement recitations create a prima facie presumption of factual correctness.
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Washington (WA)
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1 source
In re Marriage of Matson, 107 Wn.2d 479
Procedural fairness requires full disclosure of the amount, character, and value of property involved.
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West Virginia (WV)
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1 source
W. Va. Code § 48-1A-601(a)(3), (b)
Adequate disclosure may rest on a reasonably accurate description and good-faith value estimate of property, liabilities, and income, a separate signed waiver, or adequate knowledge or a reasonable basis for it.
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Wisconsin (WI)
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2 sources
Wis. Stat. § 766.58(6)(c)
The resisting spouse may establish nonenforcement by proving both lack of fair and reasonable disclosure under the circumstances and lack of notice of the other spouse's property or financial obligations before execution.
Mary A. Kordus v. Daniel Kordus, No. 2008AP111; Button; Schumacher
For Button disclosure review, only actual knowledge of the other party's assets and values substitutes for disclosure; constructive or imputed knowledge is insufficient.
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Wyoming (WY)
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1 source
Lund v. Lund, 849 P.2d 731, 737–41 (Wyo. 1993)
Lund's record addressed whether a later amendment followed full disclosure of the nature, extent, and value of property and required a legally reviewable rationale.
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Matrix and list placement describes the records in PrenupsAI's current evidence packages. It does not rank legal strictness, predict enforceability, or mean that an unlisted state has no applicable rule. Open the cited sources to inspect the underlying authority.