Utah Prenuptial agreements, commonly referred to as Utah premarital agreements, are enforceable in Utah except for provisions that would affect child support, child care coverage, health and medical provider expenses, and medical insurance. In other words, you are unable to waive child support in a Utah prenuptial agreement, and if your spouse incurs major medical expenses during the marriage, you would be unable to avoid liability for the medical expenses in the Utah divorce, and so on.
Other than those exceptions, Utah prenuptial agreements can include the following:
- The rights and obligations of each party in regards to property, no matter when it was acquired;
- The right to manage property, including the buying, selling, leasing, etc.;
- The disposition of property upon separation, divorce, death, or any other like event;
- The modification or elimination of spousal support (alimony)*;
- Ownership rights and disposition of death benefits from a life insurance policy;
- The choice of law (which state has jurisdiction) should the prenuptial agreement be litigated, as long as it is fair and equitable; and
- Any other matter not in violation of public policy or statute imposing a criminal penalty.
*If the elimination or modification of alimony results in a party having to receive state assistance, the court may require the other party to provide support necessary to avoid said state assistance.
Consideration is not needed for a Utah prenuptial agreement to be valid. Consideration is the promise of something of value. Normally a contract is not valid without consideration, i.e., I’ll mow your lawn and you pay me money. If a contract removed either of those elements, the service of mowing the lawn or the money, it would not be valid. Utah Prenuptial agreements are an exception, they do not require consideration to be valid.
If you are seeking a Utah prenuptial agreement, you want to be as transparent as possible. The main thing a court looks at when determining if a Utah prenuptial agreement is valid, are the circumstances surrounding the signing of the prenuptial agreement. Both parties, but especially the non-drafting party, need to be fully aware of what they are signing and what rights he or she is giving up.
A Utah prenuptial agreement is not judged by the courts in the same manner as a typical contract because there is an expectation when signing the agreement that each party will act in the other’s best interest. The closeness of the parties make prenuptial agreements susceptible to abuse. When two people decide to get married, there is usually a strong bond and trust between the parties that could compel a party to sign a prenuptial agreement without fully understanding its contents. If, upon divorce, a party can show that the other was dishonest, or did not act in good faith, the entire agreement can be set aside. So when signing a Utah prenuptial agreement, everything must be disclosed, including assets, obligations, property, etc. Failure to disclose everything will likely be viewed by the court as a misrepresentation and the court can set the prenuptial agreement aside. Call Pearson Law Firm for a free consutlation with an experienced Utah divorce attorney/prenup attorney.
Utah Postnuptial Agreement
Utah Postnuptial agreements are also enforceable in Utah, but consideration is required. So if one party agrees to allow the other to retain all real property upon the Utah divorce, then the first party must receive something in return, like he/she gets all the retirement account, or the jet. Without consideration a Utah postnuptial agreement is completely invalid, and will not be enforceable in court. Other than that, Utah postnuptial agreements are treated the same as prenuptial agreements. Like prenuptial agreements, the biggest factor is complete transparency. Any attempt to hide something can void the agreement.
Your attorney at Pearson Law Firm is experienced in drafting unpenetrable Utah prenuptial and postnuptial agreements. Protect yourself and your assets by contacting Pearson Law Firm and setting up a free consultation with a Utah Divorce attorney, experienced in the field of Utah prenuptial and Utah postnuptial agreements. Call today! 801-888-0991.