What Is a Utah Postnuptial Agreement?
A Utah postnuptial agreement is a binding contract between spouses that divides the couple’s property. Married spouses enter into a postnup to establish the division of financial assets, personal property, real estate, and business assets if the marriage ends.
Without a postnup in Utah, the court decides how to divide property based on equitable distribution. This rule does not divide property 50/50. Rather, the judge allocates assets and property based on what they consider a fair division. To determine this, the judge looks at:
- Marriage length
- Spouses’ age and health
- Spouses’ occupations and sources of income
Parties write a postnup after they marry. In contrast, parties sign a prenuptial agreement before marrying. Signing a contract to divide assets during the marriage can help you establish a fair divorce agreement with minimal conflict if needed.
How to Write a Postnuptial Agreement in Utah
Make an effective Utah postnuptial agreement by following these easy steps:
- Enter marriage details: Add the full names of both spouses, marriage date and location, and your children’s information.
- Add property information: Establish how you want to handle individual and marital property. Say whether you will divide shared property by your chosen percentage or per Utah’s distribution laws. Without a postnup, both spouses are liable for “family expenses” that benefit and promote the family, per UT Code § 81-3-109.
- Divide business assets: If you or your spouse runs a business, determine how to split the business value if the marriage ends.
- Determine debts and liabilities: Disclose all debts, taxes, and liabilities. Decide if individual debts will become marital debts. Note exceptions and determine how to divide debts if the marriage ends.
- Outline home and household costs: Determine whether one or both spouses will handle household expenses during the marriage. Establish how you will divide the home if you dissolve the marriage.
- Determine alimony terms: Decide if you or your spouse will pay alimony if the marriage ends. If so, note how much, how often, and for how long. The court typically defaults to spousal support terms under UT Code § 81-4-502 if you do not have a contract in place upon dissolution.
- Provide additional details: Add any provisions specific to your agreement. For example, you may agree to dispute resolution methods, pet custody, or spousal support in the event of death or disability. Consult with a postnuptial agreement lawyer in Utah to make sure you cover all your legal requirements.
Sample Utah Postnuptial Agreement
View a Utah postnuptial agreement sample to understand its format. Then, use our template to write your own and download the final copy in PDF or Word format.
Legal Requirements and Considerations for Utah Postnups
Understanding postnuptial agreements laws can help you and your spouse protect your rights. While there are no specific laws for postnuptial agreements, Utah codes governing contracts, prenups, and inheritance offer guidance.
Signing Requirements
You and your spouse must both sign the postnup. Utah law does not require a notary acknowledgment. However, this can strengthen the agreement if there is a dispute later.
Exceptions
Per UT Code § 81-3-203(2), an agreement cannot compromise a child’s right to financial support, health, and medical care. It can also not eliminate or modify spousal support if that causes the affected spouse to need public assistance, according to UT Code § 81-3-205(2).
Voluntariness
The court will not enforce an agreement unless both parties sign it voluntarily, per UT Code § 81-3-205(1)(a).
Full Disclosure
Per UT Code § 81-3-203, the parties must disclose their financial debts. Failure to disclose financial details can void the agreement, per UT Code § 81-3-205.
Inheritance Rights
Per UT Code § 75-2-102, a surviving spouse will receive the estate if their spouse dies without a will or other estate planning document in place. This only applies if the decedent has no other living descendants or the surviving descendants are also the surviving spouse’s descendants. If the estate has surviving descendants, the surviving spouse receives $75,000 and half of the estate.
A postnuptial agreement may determine how to divide property if one spouse passes. Inheritance laws can be complex, so consider consulting with an attorney before completing your postnup and other legal documents related to the distribution of your assets upon death.
Scrutiny
The court has the right to review and amend any unfair or illegal terms. For example, if the agreement was made using fraud or duress, the court may invalidate it under UT Code § 81-3-205(1)(b).
Consideration
As with a premarital agreement, a valid postnup may be signed without payment between the parties, according to UT Code § 81-3-202(2).
Changes and Revocation
UT Code § 81-3-204 states that both parties can amend or revoke the contract. This takes a written agreement signed by both parties.
