Stephen J. Buhler, Attorney at Law

Legal help for prenuptial agreements in Utah

The subject of prenuptial agreements - alternatively referred to as premarital agreements - in Utah can be a difficult one. However, for many couples it is a necessary document to protect themselves in the event of a divorce. It does not matter whether it is a high-asset marriage or one of more modest means. It should be noted, however, this legal document is particularly relevant for those remarrying after a first divorce. Before, during and after the marriage, prenuptial agreements have certain rules that accompany them. Understanding these factors is imperative.

Everyone who has a prenuptial agreement must consider the future. This is true for those who are planning to marry and would like to draft a prenup, for those who are in the midst of a marriage and are considering a divorce and those who are at the end of a marriage and are concerned about issues that might not have been addressed in the prenup.

A legal professional experienced in prenups can help at all junctures. People are frequently unware that the agreement cannot address certain issues. It does not limit support payments for children, health coverage, medical care or childcare. Once the agreement has been completed and signed, it can only be changed or revoked if both parties have agreed to do so in writing.

The prenup can address property, whether it is separate or marital, who is responsible for debts that preceded the marriage, debts from the marriage and other financial responsibilities, protection against financial loss - otherwise known as indemnity - to protect the party who does not owe the debt, and financial matters such as investments, retirement accounts, taxes and insurance. The agreement must be signed willingly. If there was coercion or any other level of pressure to sign it, its validity can be called into question.

At any point with prenuptial agreements, legal assistance is foundational. Those who are considering a prenup, already have a prenup or are ending their marriage and are concerned about such issues as spousal support and how assets will be divided as part of the divorce agreement must make certain they are on strong legal ground. Discussing the matter with an attorney who is experienced in prenuptial agreements is key.

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