Stephen J. Buhler, Attorney at Law

The importance of executing, enforcing prenuptial agreements

Salt Lake City residents compromise with each other on a daily basis, whether they realize it or not. Of course, some matters involve far more effort to achieve a compromise on, such as agreements involving substantial assets that are at stake.

Recently, this blog has discussed the use of prenuptial agreements between married couples. Prenuptial agreements can be an effective way to handle issues like property division in the event of a divorce, especially in the case of a high asset divorce. For instance, if a spouse inherited or purchased an asset themselves that they want to keep separate from the other spouse, the prenuptial agreement can spell this out and protect the asset at issue.

While prenuptial agreements can be effective, they must be properly executed in order to be enforced by a court. Both sides must voluntarily agree to the terms of the agreement and have a full and fair understanding of what they are actually agreeing to in the contract. Accordingly, if there are issues of whether a spouse was coerced into signing the agreement, or the spouse did not know of the other spouse's assets, this can create issues with the enforceability of the agreement.

Our firm works with clients both before and after the execution of prenuptial agreements. We can help our clients properly execute an agreement in order to protect their best interests. We can also vigorously advocate for our client's interests when a divorce occurs and the parties are dealing with issues of whether an existing prenuptial agreement is enforceable. For more information on our firm's ability to help address issues with prenuptial agreements, please visit our divorce webpage.

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