If you are contemplating marriage and there is a disparity in assets, you may be considering getting a prenuptial agreement. Many people in Utah, whether you reside in Moab, Salt Lake City, Orem, or Fillmore, are eligible to obtain prenuptial agreements from our office. Prenuptial agreements are generally intended to handle financial matters in the event of a divorce, and do not normally address future child custody issues. A prenuptial agreement gives the marriage partners security going into the marriage of how the financial dissoultion will be handled in the event of a divorce. With that security, the parties can be better able to enter a marriage with transparency and trust.

The Utah Code sections that are relevant to prenuptial agreements in Utah are:

30-8-2. Definitions.
As used in this chapter:

(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

30-8-3. Writing -- Signature required.
A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.

30-8-4. Content.

(1)

Parties to a premarital agreement may contract with respect to:

(a)	the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(b)	the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(c)	the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(d)	the modification or elimination of spousal support;

(e)	the ownership rights in and disposition of the death benefit from a life insurance policy;

(f)	the choice of law governing the construction of the agreement, except that a court of competent jurisdiction may apply the law of the legal domicile of either party, if it is fair and equitable; and

(g)	any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(2)	The right of a child to support, health and medical provider expenses, medical insurance, and child care coverage may not be affected by a premarital agreement.

30-8-5. Effect of marriage -- Amendment -- Revocation.

(1)	A premarital agreement becomes effective upon marriage.

(2)	After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

30-8-6. Enforcement.

(1)

A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(a)	that party did not execute the agreement voluntarily; or

(b)

the agreement was fraudulent when it was executed and, before execution of the agreement, that party:

(i)	was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible;

(ii)	did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii)

did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(2)

If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(3)	An issue of fraud of a premarital agreement shall be decided by the court as a matter of law.

30-8-7. Enforcement -- Void marriage.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

30-8-8. Limitations of actions.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement.

30-8-9. Application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

Our office offers affordable options if you are considering getting a prenuptial agreement. Give us a call now and let us help you get your prenuptial agreement drafted and complete, to give you the security you need going into a future marriage.