Pre/Post Nuptial Agreements

Utah Divorce Lawyers in Salt Lake City | Pre-Nuptial & Post-Nuptial Agreements

Just as in the Estate Planning and Probate area, in the area of Family (Divorce) Law a little prevention can go a long way. Pre-nuptial agreements are valuable tools for those who are contemplating marriage, but who have substantial pre-marital assets and/or significant earning capacity they want to protect from the possibility of divorce. Pre-nuptial agreements can also be useful tools for those who have children from a prior marriage and who want to protect the inheritance rights of their children before entering into a new marriage. Chapter 8 of title 30 of the Utah Code, Utah’s Uniform Premarital Agreement Act, authorizes and controls pre-nuptial agreements, which it calls “premarital agreements.” The Act requires that all premarital agreements must be in writing and signed by the prospective spouses. It provides that prospective spouses may contract with each other regarding, among other things, property rights during marriage, the disposition of property in the event of separation or divorce, and alimony; but not child support. A premarital agreement becomes effective when the prospective spouses enter into a valid marriage. See Utah Code Ann. Section 30-8-1, et seq.

By contrast, post-nuptial agreements are recognized in Utah only by judicial precedent. Post-nuptial agreements can be important tools for married people who are concerned about the possibility of divorce, but where no divorce case is currently pending. For example, someone who is thinking about trying to reconcile with an estranged spouse might well be interested in obtaining a post-nuptial agreement before attempting the reconciliation in order to make sure that he/she is not taken advantage of by the estranged spouse who may just be angling for a better deal down the road than what he/she might get by presently pursuing a divorce.

As Utah Divorce Attorneys in Salt Lake City, at J.D.Milliner & Associates, P.C. we can assist you in putting together a pre-nuptial or post-nuptial agreement that meets your reasonable goals and objectives and has a high probability of being enforced if it is ever challenged in court.

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