Utah Prenuptial Agreement – Laws

The 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.

Signing Requirements (§ 30-8-3) – The agreement must be signed both parties; notary acknowledgment is recommended but not legally required.



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.