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What makes a good prenup?

Engaged Utah couples interested in prenuptial agreements should learn how to make sure their contracts are valid if they are ever needed.

To many Utah residents, the thought of a prenuptial agreement when planning a wedding can feel negative. It may feel like planning how to get divorced while in the midst of preparing for a marriage. This discord, however, can actually be in people's best interests down the road.

Certainly it is everyone's hope that a prenup never be needed and that is actually the case in many situations. However, if a marriage does come to an end, people with prenups are generally happy that their contracts exist. That joy can be taken away if a prenup is deemed invalid. How can people make sure their contracts are valid? There are some clear ways to do this.

Never sign too near a wedding date

The Huffington Post indicates that entering into a marital contract with only days or even a few weeks to go before a wedding date can look back down the road. Doing this can give the impression that one person may not have had the chance to properly review the document before signing. It can also indicate the potential that one party was coerced into signing the contract unwillingly.

Always disclose everything

Forbes explains that lack of full disclosure on the part of even just one partner let alone both can invalidate a prenup. One of the most essential requirements of a prenuptial agreement is that both parties come willingly to the table and share all of their assets and debts. This is required so that each person is signing what is an honest agreement.

Finding out after a prenup has been signed and even after a wedding has taken place that one person has significant assets not outlined in the contract is a problem.

Be reasonable

Prenuptial agreements should be about protecting people's financial interests. It should not be about trying to control another person. Clauses that require one person to always wear blue shirts or to promise to dye hair a certain color can appear controlling let alone ridiculous. These types of provisions may put the validity of the entire prenup in question.

Get proper legal representation

Another critical component to making sure a prenup is valid is that both partners should have independent attorneys. One attorney cannot represent both spouses. This would be an inherent conflict of interest. Each person needs someone looking out for their own benefit.

When first discussing a life together, a Utah couple should take the time to talk to an attorney to learn what may be involved in setting up a prenup and how they may benefit from doing so. Getting the information early on will allow them to have many other positive conversations about the life they plan to create together.

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Attorney Steve Buhler

In 1998, Steve Buhler left the downtown law firm where he had worked for several years and opened his own practice. He is pleased with the personal service he is now able to provide his clients. Steve Buhler has handled a variety of cases in courts all around the State of Utah....

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Stephen J. Buhler, Attorney at Law
3540 South 4000 West Suite 245
West Valley City, UT 84120

PHONE 801-996-4193
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