Post Nuptial Agreements in Utah can be interesting, but remember they are binding if they are done right. You should always meet with an attorney when drafting a post nuptial agreement or if you have been presented with one. Here is a small taste of some statements made by the Courts in Utah concerning Post Nuptial Agreement.
“In Utah, prenuptial agreements are enforceable as long as there is no fraud, coercion or material nondisclosure. Utah’s courts have not yet considered the enforceability of postnuptial agreements not in contemplation of divorce. However, other jurisdictions review postnuptial property agreements under the same standards as those applied to prenuptial agreements. D’Aston v. D’Aston, 808 P.2d 111, 112–13 (Utah Ct. App. 1990)
“Utah courts have applied general contract principles when interpreting prenuptial agreements. See Berman v. Berman, 749 P.2d 1271, 1273 (Utah Ct.App.1988) (A prenuptial agreement should be treated like any other contract. “In interpreting contracts, the principal concern is to determine what the parties intended by what they said.”). This approach is consistent with other jurisdictions’ treatment of postnuptial agreements.” D’Aston v. D’Aston, 808 P.2d 111, 113 (Utah Ct. App. 1990)
Post Nuptial agreements have lasting affects on a marriage and on you as an individual. Make sure you are properly represented. Call today for a free consultation at (801) 475-0123.
