You hear about prenuptial agreements all the time when celebrities or other wealthy people get engaged, but what exactly are prenups, and do you need one? A family law attorney Utah can trust can help you better understand if you should use a premarital agreement in your situation.
A premarital agreement, sometimes called prenuptial agreement or “prenup” for short, is a contract signed prior to marriage that governs the distribution of property if the couple divorces after the marriage.
Utah has adopted the Uniform Premarital Agreement Act, which allows premarital agreements to become effective upon marriage. To be valid, the prenup needs to be in writing and signed by both parties.
To be enforceable, a premarital agreement must be signed voluntarily and there can be no fraud relating to proper disclosures of property and financial obligations of the other party when signed. If you think you have signed a prenuptial agreement that is not enforceable, contact a family law lawyer for help with your case.
A prenuptial agreement often includes provisions for division of real and personal property and for spousal support. However, the prenup cannot determine child support, a child’s medical insurance, or child care coverage.
If you are contemplating marriage and are concerned about your assets or your family’s assets, contact an attorney to see if a prenuptial agreement would be right for you.