UTAH PRE-NUPTIAL AGREEMENTS
Please select from below for applicable Utah statutes and explanations:
* This is by no means intended to be a
complete description of pre-nuptial agreements in the State
of Utah. This page is intended to give a litigant an idea
of the agreement process and general rules. A complete
description of rights can be found in the Utah Code and
the Utah Rules. Do not rely on this page alone for guidance;
consult with an attorney. This page does not create an
attorney-client relationship.
Please contact Edward Stone for more information.
Utah
Pre-Nuptial Agreements - Consideration
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30-8-3. Writing -- Signature
required.
A premarital agreement must be
in writing and signed by both parties. It is
enforceable without consideration.
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Utah
Pre-Nuptial Agreements - Writing Requirement
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30-8-3. Writing -- Signature
required.
A premarital agreement must be
in writing and signed by both parties. It is enforceable
without consideration.
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Utah
Pre-Nuptial Agreements - Contents
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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.
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Utah
Pre-Nuptial Agreements - Enforceability
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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.
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Utah
Pre-Nuptial Agreements - Modification or Elimination
of Spousal Support
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(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.
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