St. George Prenuptial Agreement Attorneys
Helping You Protect Your Interests & Your Future
Generally speaking, a prenuptial agreement is a legal contract that allows two individuals who intend to marry to create a plan for how assets will be divided in the event of a divorce. While this is the primary purpose of prenuptial agreements—or “prenups,” as they are commonly called—can be used to outline a variety of issues and rights as they relate to each future spouse.
Prenuptial agreements tend to have a negative reputation but they are, in fact, incredibly beneficial for most couples. While no one likes to imagine a future that involves separation, divorce, or death, having a plan in place for such events can provide both individuals in a marriage with great peace of mind in knowing that they are protected. Contact the St. George family law attorneys at Park Law Firm to learn more about prenups and your options for protecting yourself and your marriage.
Call (435) 222-5869 or use our online contact form to request a free consultation today.
What Does a Prenuptial Agreement Cover?
Prenuptial agreements are put in place to protect your assets and your interests in the even of divorce or the death of a spouse. You are able to waive any rights to share your assets and properties, just as your spouse can do the same. Just as all relationships and marriages are unique, all prenuptial agreements are different. That being said, there are certain issues that prenups can—and can’t—cover.
Prenuptial agreements can be used to determine:
- How shared (“marital” or “community”) property will be divided in the event of divorce
- Which spouse has the right to manage/control real property owned by one or both spouses
- The rights of either spouse to sell, lease, transfer, use, etc. certain real properties
- The rights and responsibilities of either spouse in regards to any owned property/assets
- How property will be allocated if one spouse dies
- The rights of each spouse to receive alimony (also known as “spousal support”)
- Whether or not a spouse may receive death benefits from a life insurance policy
This list is not exhaustive; prenuptial agreements can cover any other issue that does not violate any state or federal law.
Prenuptial agreements can NOT be used to decide on the following issues:
Additionally, if the terms of a prenuptial agreement would leave one spouse impoverished in the event of a separation or divorce, the family court may overrule any language involving alimony/spousal support laid out in the agreement.
Validity of Prenuptial Agreements in Utah
As previously mentioned, prenups are legally binding contracts and, as such, are considered valid under Utah law. However, in order to be enforceable, the prenuptial agreement must meet certain criteria.
A prenuptial agreement is enforceable in the State of Utah if:
- The agreement is in writing
- The agreement was signed voluntarily by both spouses
- The agreement was signed “in contemplation of marriage”
A prenup will likely not hold up in court if one of the spouses did not fully disclose his or her assets, financial obligations, or owned properties. Similarly, a prenuptial agreement may not be enforceable if the court determines that one party was not mentally capable of entering such an agreement.
Speak to Our Legal Team Today
A prenuptial agreement is an advantageous contract and one that should be entered into with careful consideration by both parties. It is best to discuss your situation with an experienced attorney who can help you create a custom plan that is tailored to your unique circumstances. The St. George prenuptial agreement lawyers at our firm can answer your questions and walk you through the process. We have offices located in St. George and Cedar City and offer free initial consultations for all new and prospective clients.
Call (435) 222-5869 or contact us online to schedule an appointment with one of our attorneys today.