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.
A Murray prenuptial agreements lawyer could help negotiate and write a contract that safeguards your assets and rights. To ensure you are not leaving yourself or your hard-earned property vulnerable, let an experienced marital agreements attorney review your contract before signing.
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 and 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 sign voluntarily. Anyone reviewing a prenuptial agreement could benefit from the legal insight of a knowledgeable lawyer in Murray to ensure the contract’s terms are fair and reasonable.
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 were legally competent adults.
Utah Code § 30-8-4 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; if they never tie the knot or the marriage is annulled, the agreement never becomes enforceable.
Prenuptial agreement lawyers in Murray can advise residents about developing an effective marital contract. Our team understands that every person has unique concerns they bring to the financial component of their marriage, and the prenup negotiations can add to the already challenging wedding planning process. A compassionate lawyer could handle the legal procedures involved in drafting a prenuptial agreement, ensuring it meets the couple’s needs and goals.
Call a Prenuptial Agreements Lawyer in Murray for Assistance
Getting married is a big decision with substantial financial ramifications. A prenup 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.
Our family law firm helps people like you plan for and navigate changes in life. We understand this might be a confusing or distressing topic for people, so we take the time to explain everything in detail, making sure to limit the potential for surprises. Call a Murray prenuptial agreements lawyer at Full Circle Family Law to discuss how we could help you achieve your goals.