Updated January 23, 2023
A Utah postnuptial agreement is a legal document that lets the spouses in a marriage determine property rights and obligations should their marriage end because of divorce or death. Postnuptial agreements resemble prenuptial agreements, commonly called “prenups,” giving couples flexibility in estate planning. Unlike prenuptial agreements, however, postnuptial agreements are signed after marriage, not before.
Signing Requirements (Peirce v. Peirce (2000)) – Postnuptial agreements are a type of contract and are generally subject to basic contract principles, so the best practice is for the agreement to be in writing and signed by both parties.
Laws
Scrutiny: Parties to postnuptial agreements are held to the highest degree of good faith, honesty, and candor in connection with the negotiation and execution of such agreements. Peirce v. Peirce (2000).
Consideration: Because a postnuptial agreement is subject to contract principles, it must be supported by adequate care. Peirce v. Peirce (2000).