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A premarital agreement is presumed to be involuntary unless the proponent of the agreement shows that (i) the party against whom enforcement is sought was represented by independent legal counsel at the time of signing or waived this right ; (ii) the party more than seven days between the time the agreement was first presented and the time the agreement was signed; (iii) the party, if unrepresented by counsel, was fully informed of the terms of the agreement and the rights and obligations he was giving up; and (iv) the parties did not lack capacity to enter into the agreement and the agreement was not executed under duress, fraud, or undue influence.
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