Nobody gets married expecting to get divorced. However, the future is difficult to predict, and life circumstances may change. A prenuptial agreement can be a useful tool to establish clear financial expectations and protect your interests before you marry
At Brown Family Law, a South Jordan family lawyer can help you with drafting, interpreting, and enforcing prenuptial agreements. Our team has 150 years of combined experience and an exclusive focus on family law issues. We understand how to craft prenuptial agreements to protect your interests and can help you make thoughtful decisions on the matter.
Contact our offices online or call today to speak to a prenuptial agreement lawyer in South Jordan.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract signed before marriage that outlines how assets, property, and debts will be handled if the marriage ends.
Prenuptial agreements are historically controversial, but they can be an important tool for protecting your rights and finances. An agreement can specify that certain marital assets remain separate or clarify how jointly owned properties would be divided between the parties. Without a prenup, these decisions can be left up to a judge, who may not rule in a way that favors you.
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Reasons to Get a Prenuptial Agreement in South Jordan
Prenuptial agreements are generally most useful in high-net-worth marriages, where one spouse may own substantial assets or inheritance. However, you don’t need to be exceptionally wealthy for a prenuptial agreement to be a good idea. Below are common reasons to consider a premarital agreement:
- Asset protection. Perhaps most importantly, a prenuptial agreement can protect your assets in the event of a divorce. You can specify which assets, such as accounts, property, and possessions, are separate from the marriage and not subject to property division when the contract is terminated.
- Set expectations. A prenup agreement can also help both parties understand financial obligations and expectations in a marriage. This includes behaviors regarding accounts, spending, and how debt is managed.
- Ensure fairness. In the absence of a prenup agreement, divorce issues can end up being decided by a judge, which may not be in your best interest. A prenuptial agreement ensures that both parties are treated fairly.
- Reduce stress. In the event that a marriage is terminated through divorce, a prenuptial agreement can greatly simplify the process. Since the financial terms are defined well in advance, there is no need for lengthy court proceedings.
If you are unsure whether one of these agreements could benefit you, you can schedule a consultation with a prenuptial agreement attorney in South Jordan from Brown Family Law to discuss your options. We can help you decide whether an agreement is right for you and, if so, which specific matters it should address.
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Legal Guidelines for Prenuptial Agreements in Utah
Utah family law gives couples fairly broad latitude to make prenuptial agreements, but there are some legal standards and restrictions they must meet:
- Must be in writing. In order to be valid, a premarital agreement must be in writing and signed by both parties. Oral contracts cannot be legally binding premarital agreements.
- Voluntary. The premarital agreement must be entered into freely and voluntarily without force, threat, intimidation, or any other form of coercion.
- Financial disclosure. A prenuptial agreement requires fair and reasonable financial disclosure from both parties. Gaps in disclosure can become a basis for challenging the agreement later.
- Alimony limits. A prenuptial agreement cannot eliminate spousal support obligations to the point that a non-earning spouse would be left without means of financial support and forced to rely on public aid.
Prenuptial agreements can only contract on issues related to property and finances, such as property division, alimony terms, asset management, and business interests. They cannot contract on matters related to child custody and child support, as these are separate obligations based on the child’s best interest, and a premarital agreement cannot modify them.
If a marriage is annulled, then any premarital agreement also becomes void. This is because an annulment treats the legal marriage as if it never existed in the first place.
Contact a South Jordan Prenuptial Agreement Lawyer
Despite what many people may think, prenuptial agreements are an extremely useful and smart tool that many couples use to protect their interests. If you’re considering a prenuptial agreement or want to interpret or enforce a given agreement, Brown Family Law is here to help. We believe in a smarter approach to family law that emphasizes strategy and cooperation.
Send us a message online or call today to discuss your case with a South Jordan prenuptial agreement lawyer. We understand how to navigate your family issues in a way that respects you and your family’s privacy and dignity.