Prenuptial agreements allow engaged individuals to decide what happens to their assets if they eventually separate and divorce. By drafting a prenuptial contract, you can limit the potential for surprises and disputes if you and your fiancé get a divorce. People sign prenuptial agreements before their wedding. Otherwise, it is called a postnuptial agreement.
Our Murray prenuptial agreements lawyers can help you to negotiate and write a contract that safeguards your assets and rights. Let one of our experienced marital agreements lawyers review your contract.
What Is a Prenuptial Agreement?
A prenuptial agreement is a contract two people sign before marriage to outline what happens to their assets—such as cars, houses, and bank accounts—in the event of a divorce. The contract can also cover spousal support, indicating whether either party would like to receive or forfeit their right to alimony.
Prenuptial contracts offer protection for property and can define what is considered marital or separate property. They are especially important if either spouse has complex or high-value assets. Instead of hashing out these issues during a conflicted divorce, an engaged couple can make these decisions amicably and with a clear head through a premarital contract.
Anyone considering a prenuptial agreement should understand the full implications of the document they are signing. Even when someone has doubts about specific terms in a contract, the court will enforce it if they signed voluntarily.
When Is a Prenuptial Agreement Legally Enforceable?
A verbal agreement on certain potential divorce issues does not mean a couple has a valid or legally enforceable prenuptial agreement. The contract must be in writing and signed voluntarily. To determine whether a prenuptial contract was signed voluntarily, the court evaluates whether both parties knew what they were signing, were in the right mindset to sign it—that is, not forced or tricked, and that they were legally competent adults.
Utah Law also limits the issues a prenuptial agreement can address. For example, while contracts may include terms for spousal support and property division, the court will not enforce pre-marital contract terms regarding child custody. Prenuptial agreements are also only enforceable when the couple gets legally married.
Our team understands that every person has unique concerns they bring to the financial components of their marriage, and the prenuptial negotiations can add to the already challenging wedding planning process. We can handle the legal procedures involved in drafting an effective and enforceable prenuptial agreement, ensuring that it meets the couples’ needs and goals.
Find a Murray Prenuptial Agreements Lawyer
Getting married is a big decision with substantial financial ramifications. A prenuptial agreement ensures a degree of certainty over what happens to your assets if your relationship ends. Instead of navigating these unfamiliar waters by yourself, consider hiring a family lawyer to guide you.