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Prenuptial agreement can be thrown out in a Utah divorce

Prenuptial agreements have gained popularity in recent years. They are touted as an amicable agreement between a couple that will protect them both in the event of a divorce and keep any confrontations to a minimum. However, there are some agreements that may be thrown out by the Utah courts for a variety of reasons.

It is not unheard of for one potential spouse to spring a prenuptial agreement on the other just days -- or even the day before -- the wedding is supposed to take place. In these cases, some individuals may sign the agreement even though they are not comfortable with doing so. If the marriage ends in divorce, it could be argued that the party was coerced into signing the prenup, which could make it invalid.

Another reason why a Utah judge may throw out the agreement is if one spouse failed to fully disclose all of his or her assets to the other spouse during negotiations. Whether a prenup is considered valid may also depend on how equitable the agreement is to both parties. If one party will walk away with the majority of the marital assets, essentially leaving the other party destitute, the court may throw it out.

Therefore, individuals who have signed prenuptial agreements under any of these conditions need to know that they may not be as ironclad as people are led to believe. Of course, it will be necessary to prove to the court that one or several of these conditions exist before the contract is invalidated in the event of a divorce. The goal of most family courts is to ensure that each party is treated fairly, and if that means that a marital contract was entered into through fraud or duress, it can be ruled invalid by the court.

Source: The Huffington Post, "When a Prenup Gets Thrown Out", Stann Givens, July 1, 2014

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