How to Get a Prenuptial Agreement in Utah

Prenuptial agreements, once seen as the purview of celebrities and the super rich, are now gaining popularity among everyday couples. According to a recent Axios poll, 50% of adults surveyed said they would be at least somewhat open to signing a prenuptial agreement, while 47% of engaged and married Millennials said they signed a prenup before tying the knot.

Prenups may feel unromantic to some, but to others a prenuptial agreement is a responsible step that can ensure both parties’ assets are protected, and that both understand their financial obligations in the event of a divorce. If you live in the state of Utah, and you’ve decided a prenup may be right for you, there are certain rules you’ll need to follow to ensure your prenuptial agreement is valid in the eyes of the Utah courts.

Premarital agreements in Utah: What you need to know

In many ways, getting a prenuptial agreement in Utah isn’t so different from getting a prenup in any other state. Utah is one of 28 states that has adopted the Uniform Premarital Agreement Act (UPAA), which aims to bring uniformity to the ways prenuptial agreements are drafted and enforced in different states. 

Besides Utah, the UPAA has been adopted in Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Wisconsin, as well as in the District of Columbia.

While the intent of the UPAA is to help standardize the way prenuptial agreements are made and enforced, it also allows for some variations in law from state to state. For example, some states may require a prenup to be notarized, while others do not.

In Utah, the UPAA applies to any prenup executed on or after May 2, 1994. Couples entering into a prenup after this date must adhere to the following Utah prenuptial requirements:

• The prenuptial agreement must be in writing.
• The agreement must be signed by both parties voluntarily.
• Both parties must receive reasonable disclosure of the financial obligations and property of the other party “insofar as was possible”.
• The agreement must not unreasonably favor one party over the other.

What can be included in a Utah prenuptial agreement?

As far as what can be included within the premarital contract itself, prenuptial agreements in Utah can include the following:

• The rights and obligations of either party in regards to property that is jointly or separately owned.
• The division of property in the event of separation, divorce, death, or any other event.
• Terms around spousal support or the elimination of spousal support (also known as alimony).
• Rights pertaining to death benefits from the life insurance policies of either party.
• Designation of which state’s law will govern the agreement if it is enforced. This provision comes with the exception that the Utah courts may later choose to enforce the laws of the state where either party is living, so long as those laws are deemed fair and reasonable.

What can’t be included in a Utah prenuptial agreement?

While Utah laws allow for many matters to be addressed within a prenuptial agreement, there are a few that can’t legally be included:

• Child support arrangements.
• Financial agreements about child care, medical expenses, and health insurance for a child.
• Child custody.
• Matters pertaining to wills and trusts.

5 steps to get a prenuptial agreement in Utah

If you and your partner have determined that a Utah prenup is right for you, follow these steps to complete the process:

Step 1: Discuss it with your future spouse

Any debate pertaining to personal property or money can be uncomfortable, but it’s important to ensure that you and your spouse are on the same page regarding the use of a prenup. Discussing why you want a prenup, and what you hope to accomplish by getting one, can be a good first step to establish trust and determine whether you actually want to go through with the process.

But transparency in any prenup is also important for another reason: In Utah, your prenup could be considered fraudulent and unenforceable if a court determines that one spouse was pressured or coerced into the agreement. It could also be considered invalid if one or both spouses did not honestly disclose their assets in the prenup. Being upfront and honest throughout the process is important for the health of your relationship and for ensuring you have a valid prenuptial agreement.

Step 2: Contact separate attorneys

While you don’t technically need an attorney to draft your prenuptial agreement, it’s often a good idea. A local attorney will have up-to-date knowledge of Utah prenuptial laws and may be able to recommend specific terms to be included in your contract that may not have occurred to you. You and your spouse should also consider using separate attorneys to avoid conflicts of interest (and some attorneys may not even be willing to represent both parties in a prenup).

Additionally, if you ever need to enforce your prenup during a divorce, you may have an easier time if your agreement was drafted by a legal professional. That’s because some states consider whether or not a prenup was drafted by an attorney when deciding whether the terms of the prenup are fair and reasonable.

If you’re searching for a prenup lawyer to help you, LegalZoom’s attorney directory is a good starting point. 

Step 3: Agree on the terms

The terms of your premarital agreement are largely up to you and your prospective spouse. While issues pertaining to marital property, combined and individual debts, and spousal support are common in prenuptial agreements, Utah law allows couples to contract terms around many other issues pertaining to their personal rights and obligations in the event of a divorce. An attorney may be helpful in determining what other provisions might apply to your specific situation.

Step 4: Draft the agreement

Once both parties are in agreement on the terms of the prenup, the next step is to draft the agreement. Again, a family law attorney, while not required, may be helpful in ensuring your prenuptial agreement is drafted correctly and no provisions have been overlooked.

Utah state law dictates that your premarital agreement must be in writing.

Step 5: Sign the agreement

In order to be valid in the eyes of the law, a prenuptial agreement must be signed voluntarily by both parties. Prenuptial agreements do not need to be notarized in Utah.

Do’s and don’ts of getting a prenup in Utah

Before finalizing your prenup, ensure you’ve followed all the best practices outlined here:

Do

• Make sure you’ve fully disclosed all of your assets, income, debts and liabilities. Proper financial disclosure is essential and one of the best ways to avoid a legal dispute down the road.
• Consult separate attorneys to make sure both parties’ interests are well represented and that your agreement is fair in the eyes of the law.
• Plan ahead so both your and your spouse have adequate time to consider the terms of your prenup before your marriage.
• Get your prenuptial agreement in writing and sign it. Ensure your future spouse signs it voluntarily.
• Review your prenup periodically. Assets acquired during the course of your marriage may inspire you to rethink the terms of your agreement, which you can approach through an amendment.

Don’t

• Don’t conceal any personal property, including, but not limited to: real property, bank accounts, retirement funds, separate property or anything else that could be considered an asset. Improper financial disclosure can make your prenup unenforceable. 
• Don’t include provisions that attempt to determine child custody or child support. 
• Don’t attempt to “win” in the prenuptial agreement. Prenups must be considered fair to both parties in the marriage or they may be disputed and rendered invalid.
• Pressure your partner to sign. In the event of a divorce, your spouse could claim they signed the prenup under duress, which may invalidate your prenup.

Do you need a prenup? Top benefits

Prenups aren’t just for celebrities and the super-rich. They may be beneficial to all couples who hope to avoid a potentially contentious—and potentially costly—legal battle in the event that their marriage ends.

The decision to get a prenuptial agreement is largely a personal one. But a deeper understanding of the potential benefits of a prenup may help sway your decision.

Added peace of mind

Prenups can offer peace of mind in a number of ways. While no one likes to consider the possibility of divorce before the marriage has even happened, having a comprehensive prenup in place may help simplify divorce proceedings, should they occur. 

But prenups can also bring peace of mind for couples during their marriage, particularly when it comes to debts. If your spouse is bringing a lot of personal debt into a marriage, a prenup can help outline each party’s responsibility to that debt. 

Alignment of expectations

Your prenuptial agreement doesn’t just help you align on your financial obligations and division of assets in the event of a divorce. You and your partner may also use it to define how you want to handle your finances during your marriage. Responsibilities related to property, financial contributions to the household, and whether bank accounts will be held jointly or separately, can all be outlined within the legal agreement.

If you and your partner haven’t had many conversations about finances during the course of your relationship, the decision to get a prenup may be a great jumping off point to explore your different points of view and align on a strategy that works best for both of you.

Protection of pre-marital assets

Assets, like marital property and retirement accounts, obtained during the marriage are often split fairly, but what about assets you build independently before your marriage? Maybe you’ve built a business independently and want to protect your investment. Or maybe you received an inheritance or family heirlooms that you want to ensure you don’t lose in a divorce. Prenups can help you protect these assets and decide what happens to them should your marriage end.

FAQ

What makes a prenup valid in Utah?

In order to have a valid prenuptial agreement, Utah law dictates that the contract must be in writing and signed by both parties without coercion. Both parties must fully disclose their finances to the best of their abilities, and the terms of the contract cannot treat either party unfairly.

Remember, in Utah prenuptial agreements cannot dictate child support, child custody, or health care for a child.

Do you need a lawyer for a prenup in Utah?

You don’t need a lawyer to draft or file a prenup in Utah, but there may be benefits to using one. An attorney well-versed in family law matters can help you navigate any tricky issues related to financial support and division of property. This may be especially true if you’re bringing assets from a previous marriage, which could be a more complicated situation.

If, after reading this guide, you’re still unsure how to get a prenup and what Utah’s requirements are, reach out to LegalZoom to find out more or get started on your prenup.

How much does a prenup cost in Utah?

The cost of a prenuptial agreement will largely depend on whether you decide to consult a family law attorney to help you draft your agreement. A simple, straightforward contract will cost less than a detailed one that requires many hours of back and forth between lawyers.

Can you amend a prenup in Utah? 

You can amend or revoke a prenup in Utah, which may be helpful if your circumstances change during the course of your marriage. Just as with the initial agreement, the amended prenup must be in writing and signed by both parties.

You can also consider a postnuptial agreement, which is similar to a prenup, but can be drafted and signed any time after you’re married. This may be a good option if you’re too stressed from wedding planning to plan a prenup before marriage, if your marriage is happening quickly, or if you experience marital difficulties and want to outline terms in anticipation of a possible divorce.