Utah
Prenuptial and Postnuptial Agreement Attorney
A prenuptial agreement is the only reliable way to decide in advance
how property and support will be handled if a marriage ends. A
postnuptial agreement does the same thing after the wedding. Utah
enforces both when they are done properly, and sets them aside when they
are not, which is why the drafting matters more than the signing.
CoilLaw drafts, reviews, and litigates prenuptial and postnuptial
agreements for clients across Salt Lake County and Utah County, from
first marriages to second marriages with children and businesses to
protect.
Utah’s prenuptial agreement
law
Utah has adopted the Uniform Premarital Agreement Act, now found at
Utah Code 81-3-201 through 81-3-205. Under it, a premarital agreement is
a contract between prospective spouses, made in contemplation of
marriage, that takes effect when they marry. It must be in writing and
signed by both parties. No consideration beyond the marriage itself is
required.
The agreement can address the rights of each spouse in property owned
now or acquired later; the right to manage, sell, or encumber property;
how property will be divided on separation, divorce, or death; the
modification or elimination of spousal support; the making of a will or
trust to carry out the agreement; ownership of life insurance benefits;
the choice of law governing the agreement; and any other matter that
does not violate public policy or a criminal statute.
What a prenup cannot do
An agreement cannot adversely affect a child’s right to support.
Child support belongs to the child, and any provision limiting it is
unenforceable. Custody and parent-time likewise cannot be fixed in
advance; the court decides them on the child’s best interests at the
time of the divorce. And a provision eliminating spousal support that
would leave a spouse eligible for public assistance can be overridden to
the extent necessary to avoid that eligibility.
When Utah courts
refuse to enforce a prenup
Under Utah Code 81-3-205, an agreement is not enforceable if the
party challenging it proves either that they did not sign it
voluntarily, or that the agreement was fraudulent when signed and,
before signing, they were not given a reasonable disclosure of the other
party’s property and financial obligations, did not voluntarily and
expressly waive disclosure in writing, and did not have and could not
reasonably have had adequate knowledge of the other party’s finances.
Fraud is decided by the judge, not a jury.
In practice, agreements fail for a short list of reasons: they were
presented days before the wedding under pressure, one side had no lawyer
and no real chance to get one, the financial disclosure was missing or
misleading, or the terms were so one-sided that a court found them
unconscionable. Every one of those is avoidable, and our drafting
process is built to avoid them. Our article on how Utah prenups get
challenged explains what the litigation looks like.
Postnuptial agreements
A postnuptial agreement is signed after the marriage. Utah’s UPAA
does not govern postnups, so courts evaluate them under general contract
principles with heightened scrutiny, because spouses owe each other a
fiduciary duty and cannot deal at arm’s length the way engaged couples
can. A valid Utah postnup requires full financial disclosure, voluntary
execution, terms that are fair when signed and not unconscionable when
enforced, and, as a practical matter, independent counsel for each
spouse. Postnups are common after an inheritance, when one spouse starts
a business, when a couple reconciles after a separation, or when the
parties simply never got around to a prenup. Our guide to postnups in
Utah covers the common uses.
How we draft a prenup that
holds
Timing: we start well before the wedding, ideally months, and never
in the final week. Disclosure: each party prepares a financial schedule
attached to the agreement listing assets, debts, and income, so no one
can later claim they did not know. Counsel: each party has their own
attorney, and the agreement recites it. Fairness: we draft terms a Utah
judge will recognize as reasonable, because an agreement that strips one
spouse of everything invites a challenge. Clarity: the agreement defines
separate and marital property, addresses appreciation and commingling,
and states what happens to the home, retirement accounts, and
businesses. Our guide to keeping separate property separate explains why
those definitions matter later.
Common reasons Utah
couples sign one
A business or professional practice one spouse owns or expects to
build. A second marriage where each spouse wants to protect children
from a prior marriage. A significant difference in assets or income. An
expected inheritance. Student debt one spouse brings in. A family farm,
ranch, or real estate holding. Or simply a desire to decide the terms of
a divorce while the couple still likes each other, which is the best
time to do it.
Unmarried couples
A prenuptial agreement requires a marriage to take effect. Couples
who do not intend to marry should use a cohabitation agreement instead,
which Utah enforces as a contract. Note that Utah’s process for
validating an unsolemnized marriage ends for new petitions on May 5,
2027, which makes a written agreement more important, not less, for
long-term unmarried partners. See our domestic partnership page.
How
CoilLaw handles prenuptial and postnuptial agreements
We draft agreements from scratch, review agreements prepared by the
other party’s attorney and negotiate changes, and litigate enforcement
and challenges in divorce. When we draft, the goal is an agreement that
will be enforced ten or twenty years from now by a judge who has never
met either of you; every choice is made with that hearing in mind.
Frequently asked questions
Are prenuptial agreements enforceable in Utah?
Yes, under Utah Code 81-3-201 to 205, when they are in writing, signed voluntarily, and made with reasonable financial disclosure or a written waiver of it. Courts set them aside for involuntariness or fraud without disclosure.
Can a prenup decide child custody or child support?
No. Both are decided by the court on the child’s best interests at the time, and a provision limiting child support is unenforceable.
Can a prenup waive alimony?
Yes, with one limit: if the waiver would leave a spouse eligible for public assistance, the court can order support to the extent needed to avoid that.
How far before the wedding should we sign?
As early as possible and never in the last week. Agreements signed under wedding-week pressure are the ones that get challenged for involuntariness.
Do we each need our own lawyer?
Utah does not strictly require it, but an agreement where one party had no counsel is far easier to attack. We recommend it and draft the agreement to recite it.
Can we sign one after the wedding?
Yes, a postnuptial agreement. It is reviewed more strictly than a prenup, so full disclosure and independent counsel matter even more.
What is the difference between a prenup and a cohabitation
agreement?
A prenup takes effect on marriage. A cohabitation agreement is a contract between unmarried partners governing property and expenses and does not depend on a marriage.
How much does a prenup cost in Utah?
It depends on the complexity of the assets and how much negotiation is involved. A straightforward agreement costs far less than the litigation it prevents. We quote a range at the consultation.
Talk to a Utah prenup
attorney
If you are getting married, or married and want to put your finances
in writing, call CoilLaw at 801-884-3775 or contact us online. Start
early; the best agreements are the ones nobody has to rush.
