Utah law recognizes an individual’s right to contract. This includes within a marriage relationship where couples agree to tend to one another’s needs and to support one another. The terms of this relationship can be altered by the parties through a prenuptial agreement before the parties marry, or a postnuptial agreement after they marry.
For a pre- or postnuptial agreement to be enforceable, each party must be fully appraised of the other party’s assets and estate. Only then can he or she sign an agreement to waive an interest in those assets or estate upon divorce. In other words, someone cannot give up rights to something he or she does not know about.
Another concern to ensure the enforceability of a pre- or postnuptial agreement is that both parities have plenty of time to review and consider the agreement before signing it. Courts have found agreements unenforceable that were sprung on the person too soon to the marriage, essentially forcing him or her to sign it in order to have the wedding.
The attorneys at Slemboski & Tobler can prepare a pre- or postnuptial agreement to ensure your marriage relationship is free of potential distractions regarding property ownership and unwanted claims to one another’s assets. Contact us today so there will be no problems with the draft or execution of your agreement.