Admittedly, prenuptial agreements are not typically considered romantic. However, they do serve a practical purpose in a time when divorce rates are high and people are getting married later in life. Taking the time to give each other peace of mind that, if something does goes wrong, a contentious Utah divorce can be avoided.
Many newly engaged couples are often already established in their careers, have acquired their own assets and may even have inheritances to protect. Delineating each party’s separate assets — and debts — prior to marriage can help avoid any confusion later if the marriage ends. In addition, how any marital assets and debts will be divided can also be determined. Of course, prenuptial agreements can contain any provisions the couples desire, so long as they are not against public police or in violation of current laws.
If you and your spouse failed to execute a prenuptial agreement, it is not too late to enjoy the advantages of a prenup. Postnuptial agreements may also be executed here in Utah. For instance, if one of you starts a business or receives an inheritance after you are married, these assets can still be dealt with in advance of a divorce.
Regardless of your reasons for wanting a prenuptial or postnuptial agreement, if not properly executed, they can be declared null and void by the court. Therefore, if you are contemplating negotiating and signing such an agreement, it is a good idea to seek the advice and assistance of legal counsel to ensure that it remains valid in the event of divorce. More information regarding these agreements can be found on our website.