Utah Prenuptial Agreement Form

The Utah prenuptial agreement form is one of the most useful documents tied to and spouses’ life. Using this prenuptial agreement form, parties set fundamental rules of their money-related relationships.

In a prenuptial agreement, partners describe how they plan to manage their assets and debts together, what they will do with estate and liabilities if a divorce occurs, and who will manage the wealth if one spouse suddenly dies.

Thinking about all possible outcomes of your matrimony before getting married is a smart move. Whether you are a wealthy businessperson with millions of dollars on your bank account or a person with average income, a prenuptial agreement (or prenup, or premarital agreement) will protect your interests and funds.

You can talk the conditions through with your partner, so everyone is on the same page. Even if you break up on good terms, you can have various fights about your mutual properties, items that used to be private but became joint at some point, or any other tangible things (or cash).

Through time, people have changed their attitude toward such documents. Today, more and more partners consider these agreements rather practical than suffocating. There is nothing abnormal in a desire to secure your finances, especially in a modern and permanently developing world. So, we hope that your position will change if you have considered these agreements awful.

If you have decided to create such a form together with your future spouse, our convenient form-building software is here to help. It lets you generate any legal template you need in seconds, and the Utah prenuptial agreement form is not an exception.

Before you begin working on your agreement, ensure that you have full knowledge about the laws applicable in Utah. If your contract does not conform to the local norms, you may face trouble in the future.

Utah Prenup Laws and Requirements

The Utah government has accepted the uniform act issued in the eighties that contains guidelines of prenups creation. Therefore, since 1994 when the act became lawful, Utah residents have had an easy-to-follow set of provisions. One who is working on their form may find all of the laws in Title 30, Chapter 8 of the Utah Code.

Signing Requirements

Signatures of both partners creating the agreement are enough to make the form effective in Utah. No notarization or witnesses’ signatures are required as per Section 30-8-3 of the Utah Code.

Enforceability

Both parties’ signatures guarantee the agreement’s enforceability. The deal has to be written, not oral (Section 30-8-3).

Other necessary points to make the agreement enforceable are outlined in Section 30-8-6. The agreement should be signed voluntarily, without pressure. The agreement should also not be fraudulent.

The document can be ruled “fraudulent” by the court if one party has not had full disclosure of the other party’s assets or has not had adequate knowledge about the assets (if another party has waived to provide disclosures). The court may also ask signatories to amend provisions that unfairly limit spouses’ support.

Section 30-8-5 states that a prenup becomes valid when parties marry each other. This section also lets parties improve or cancel their agreement by signing written amendments proving they both agree on corrections or contract cancellation.

Court Refusal

If some rules indicated in the previous part are breached, the court has the full right to refuse parties in their agreement’s consideration. Another requirement is the non-violation of state and federal laws in the agreement’s provision.

What Prenups Can Cover

If you are still unsure about your prenup agreement’s content, check Section 30-8-4 of the Utah Code that contains information on what you can or cannot include. You can touch on the following matters:

  • Both parties’ rights to sell, transfer, acquire, and conduct other operations with their estate, whether the estate is mutual or private.
  • The signatories’ obligations parties regarding their finances and debts.
  • How to manage properties for both parties.
  • Spousal support.
  • How to split the wealth in case of divorce, or death, or any other event.
  • The law that parties will use to formulate their agreement.
  • Other matters that do not violate the law.

No provision about children’s support, custody, insurance, or alimony can be added to the agreement.

Keep in mind that your prenuptial agreement has a direct impact on your future. Be reasonable and fair when creating it, so you and your partner do not regret signing the document later.

Published: Feb 25, 2021