Updated May 17, 2023
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A Utah prenuptial agreement clarifies the division of property between spouses in the event of a terminated marriage. This type of contract could help ease the couple through the divorce process and can define certain conditions should one of the spouses die unexpectedly. Furthermore, a prenup can touch on issues such as the rights and obligations of the spouses in regard to real property management, alimony rights, and insurance policies. What a prenuptial agreement cannot contain is any provisions regarding custody of children, born or unborn, and the waiving of child support.
Laws
Uniform Premarital Agreement Act (UPAA) – Utah follows the laws stated in the UPAA, an act that helps regulate agreements created by spouses.
- § 30-8-1 – Title
- § 30-8-2 – Definitions
- § 30-8-3 – Writing — Signature Required
- § 30-8-4 – Content
- § 30-8-5 – Effect of Marriage — Amendment — Revocation
- § 30-8-6 – Enforcement
- § 30-8-7 – Enforcement — Void Marriage
- § 30-8-8 – Limitation of Actions
- § 30-8-9 – Application and Construction
Equitable Distribution
Laws – § 30-3-5
Utah is an equitable distribution state, a method implemented by a court of law for dividing property when a couple gets divorced. This process is only used if a premarital contract was not created and/or the spouses cannot negotiate a property settlement.