pjc-family-2024-lib

E NFORCEABILITY OF P ROPERTY A GREEMENTS

PJC 207.4

Unconscionability. The instruction in PJC 207.4C should be submitted only if the court has found as a matter of law that the agreement was unconscionable when it was signed. Tex. Fam. Code § 4.105(a)(2), (b). Only for Texas contracts. The foregoing submission is written for use only for agreements concerning income or property derived from separate property that are clearly governed by Texas law. Agreements executed in another state may involve dif ficult issues of conflict of laws that are beyond the scope of this book. Execution undisputed. The instruction in PJC 207.4B assumes that there is no dispute that the agreement concerning income or property derived from separate prop erty was executed by the party against whom enforcement is sought. Remedies and defenses. Effective September 1, 1993, the remedies and defenses provided in section 4.105 are the exclusive remedies or defenses, including common law remedies or defenses. The enabling section of the 1993 Act provides: “This Act takes effect on September 1, 1993, and applies only to an agreement executed on or after that date. An agreement executed before that date is governed by the law in effect at the time the agreement was executed, and the former law is continued in effect for that purpose.” Tex. Fam. Code § 4.105(c).

115