According to the Utah Code 30-8-2, A Pre-Marital agreement is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” It may include: Instructions concerning kids, authority to manage bank accounts, real estate, and other assets. Another common name used in the courtroom is a prenuptial agreement.  As the name suggests, it is only able to be created pre-marriage. Once signed, it is only able to be modified with the consent of both parties.

There are several benefits to create a Pre-martial agreement generally they list the property of each individual going into the marriage. If the marriage ends in a divorce, the pre-marital property is easily identified and can be taken out of the marital property. There will not be any dispute as to what the marital property is. The first and foremost is how it simplifies the division of personal property, real property and can include support agreements.  The

In certain cases, a pre-marital agreement may not be enforced. The pre-marital will not be enforced when, it was not signed voluntarily; it was fraudulent, and that party was not provided a reasonable disclosure of the property or financial obligations of the other party. Also if a provision modifies or eliminates spousal support and that modification or elimination causes one party to be eligible for support of public assistance it may not be enforce.