Unenforceable terms

14-2-310. Unenforceable terms. (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: (a) Adversely affects a child's right to support; (b) Limits or restricts a remedy available to a victim of domestic violence under law of this state other than this part 3; (c) 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; (d) Penalizes a party for initiating a legal proceeding leading to a court-decreed legal separation 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.