Prenuptial and Postnuptial Agreements

Sometimes, things go wrong. Protect yourself. We’re ready to help

Drafting contracts can help protect your future.

Even though marriages are entered with the greatest of hopes and expectations, sometimes things go wrong. If you bring substantial property to a marriage, you may want to consider a prenuptial or postnuptial agreement to protect those assets.

Our attorneys have decades of experience in drafting and reviewing prenuptial and postnuptial agreements. Founded in 1944, Day Shell & Liljenquist, L.C. is a widely respected law firm whose attorneys have extensive knowledge of these contracts. We listen carefully to you, analyze your options, and recommend a course of action. We take the time and have the experience to help you. Call us today at 801-262-6800 or fill out the contact form at the bottom of this page to schedule a free consultation in either our Murray or Mt. Pleasant office.

Frequently Asked Questions

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.

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

n 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.

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801.262.6800
45 E. Vine St.
Murray, UT 84107

Sanpete Office

435.462.6000
1125 Blackhawk Blvd.
Mt. Pleasant, UT 84647

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