Prenuptial Agreements (more correctly known as premarital agreements) are agreements a prospective married couple agrees to before marriage. They usually address economic issues, such as:
- Alimony upon divorce or death
- Determining separate property
- Defining assets considered part of the marital estate
- Protecting assets of children born to a previous marriage
Premarital agreements can help reduce conflict if a marriage ends in divorce. (Simply put, you will have already agreed on the bulk of contentious financial issues before the divorce, so you won’t need to fight about them again.) They can also help protect a spouse’s wishes if he or she dies without a validly executed will.
Utah has passed a specific law addressing premarital agreements. This law addresses requirements that must be met to legally enforce a premarital agreement. First, an agreement must be written. (Oral agreements are null and void). Second, the agreement must have been executed voluntarily by both parties. (Duress or undue pressure will invalidate the agreement.) Third, the agreement cannot be unconscionable, i.e., it cannot leave one party destitute. Forth, the agreement must be signed and notarized by both parties.
A premarital agreement is perhaps one of the most important agreements you will ever make. Please, seek out an attorney to help you draft, negotiate, and review your Utah premarital agreement.
Contact Brown Family Law for an experienced prenuptial agreement lawyer
Brown Family Law’s experience Utah attorneys will help you negotiate and draft your premarital agreement. Contact us online or call us at 801-685-9999 today to schedule a divorce consultation.