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Attorney Tonya L. Whipple and the team at Day Shell & Liljenquist, L.C. provide comprehensive legal services for family law clients throughout Utah. Our office hours are 8:30 a.m. to 5:30 p.m. Monday through Friday, but we offer evening and weekend appointments when needed. Our office is located near the Murray Central Trax station.
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Drafting contracts that can protect your future

If you bring substantial property to a marriage, you may want to consider a prenuptial or postnuptial agreement to protect those assets. At Day Shell & Liljenquist, L.C., our attorneys have decades of experience in drafting and reviewing prenuptial and postnuptial agreements. We've been helping clients solve family law problems since 1944.

What is a prenuptial or postnuptial agreement?

A prenuptial, or premarital, agreement is a contract between prospective spouses made in contemplation of marriage. It takes effect upon marriage and is governed by Utah's version of the Uniform Premarital Agreement Act (UPAA). Under Utah law, prospective spouses can agree to:

  • The rights and obligations of each of the parties in respect to any property either of them owns
  • The right to buy, sell, or use any property either of them owns
  • The disposition of property upon separation, divorce, or death
  • The modification or elimination of spousal support
  • The ownership rights in the death benefit of a life insurance policy
  • Any other matter that doesn't violate public policy or a criminal statute

Child support, health and medical expenses, medical insurance, and childcare coverage may not be included in a premarital agreement.

A postnuptial agreement is similar to a prenuptial but with the obvious difference that a postnuptial is signed after the couple is married. For either type of agreement to be valid, it must be signed by fully informed parties.

Why do I need a prenup or a postnup?

If you are concerned about your potential obligations, such as alimony and property division issues, in case the marriage doesn't work out, a prenuptial or postnuptial may be a good fit for your situation. The agreements also may be prudent if:

  • You are much wealthier than your partner
  • You earn much more than your partner
  • You are remarrying
  • Your partner has a high debt load
  • You own part of a business
  • You have an estate plan that you want to remain in place
  • You plan to quit your job to raise children

 

Is my prenuptial or postnuptial agreement valid?

In Utah, prenuptial and postnuptial agreements must conform to standard contract principles. A qualified family law attorney at Day Shell & Liljenquist, L.C. helps ensure your agreement meets all legal requirements.

Marital agreements may be deemed invalid when there is evidence that either party is guilty of fraud, coercion, or concealment.