Prenuptial agreements in the District of Columbia are governed by the Uniform Premarital Agreement Act, codified at D.C. Code §§ 46-501 to 46-510. These contracts allow parties to define rights in property, spousal support, and other matters, provided they are in writing, voluntarily executed, and accompanied by fair and reasonable disclosure of assets. Courts treat them as contracts but apply heightened scrutiny because of the confidential relationship between prospective spouses. The District of Columbia Court of Appeals in Simon v. Smith, decided April 21, 2022, addressed unconscionability in the context of marital agreements. Although the case involved postnuptial contracts, its
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