The Uniform Premarital Agreement Act (UPAA) in Utah: What You Can and Cannot Include

Step-by-Step Guide to the UPAA in Utah

When couples in Ogden, Sandy, or Provo decide to draft a prenuptial agreement, they must follow the strict rules of the Utah Uniform Premarital Agreement Act, Utah Code § 81-3-201. Found in Utah Code Title 81, Chapter 3, Part 2, this law dictates exactly what is legally permissible in your contract and what will cause a judge to throw it out in a divorce proceeding.

Step 1: Mandatory Financial Disclosures

The foundation of any valid Utah prenup is total honesty. Under Utah Code § 81-3-205, the agreement can be invalidated if there was not a fair and reasonable disclosure of the property and financial obligations of both parties. You must list every bank account, retirement fund, business interest, and debt. Hiding assets is a guaranteed way to have your prenup voided by the court.

Step 2: Ensuring Voluntary Execution

For a prenup to be enforceable, it must be executed voluntarily. The precedent in Levin v. Carlton, 213 P.3d 884 (UT Court of Appeals 2009) demonstrates that Utah courts carefully scrutinize the circumstances surrounding the signing. Presenting the agreement on the eve of the wedding with a 'sign this or the wedding is off' ultimatum can be construed as duress. Both spouses must have ample time to read the document and consult with their own attorneys.

Step 3: What You CAN Include

The UPAA gives you broad freedom over property rights. According to Utah Code § 81-3-203, you can outline the rights and obligations regarding any property acquired before or during the marriage. You can dictate how assets will be divided upon separation, death, or divorce. You can also modify or eliminate spousal support (alimony), provided the terms do not violate state standards of fairness.

Step 4: What You CANNOT Include: Child Support Waivers

There is a hard legal line when it comes to children. Under Utah Code § 81-3-203(2), a premarital agreement cannot adversely affect a child's right to support. In Utah, the right to child support belongs to the child, not the parent. Any provision in a prenup attempting to cap child support or waive custody rights will be immediately struck down by a family court judge.

Step 5: Avoiding Clauses That Lead to State Welfare

While you can limit alimony, there are boundaries. Under Utah Code § 81-3-205(2), if an alimony modification or waiver causes one spouse to become eligible for public assistance at the time of separation or divorce, the court has the authority to order support to avoid that eligibility. The state of Utah will require the wealthier spouse to provide support to keep the other spouse off state welfare programs.

Step 6: How Utah Courts Interpret Unconscionability

An agreement is 'unconscionable' if it is shockingly unfair. However, in Utah, a bad deal is not necessarily an unconscionable one. If both parties had independent lawyers and full financial disclosure was provided, courts in the Fourth District Court, Provo or the Second District Court, Ogden will generally enforce the contract, even if it leaves one spouse with significantly less wealth than the other.

How Much Does it Cost in Utah?

Complying with the UPAA requires precise legal drafting. Hiring an attorney to draft a UPAA-compliant prenuptial agreement in Utah generally costs between $1,500 and $4,000. The mandatory independent review by a second attorney for your spouse will usually cost an additional $750 to $1,500. Attempting to save money with a generic online form almost always leads to UPAA violations and costly divorce litigation.

How Long Does the Process Take?

To avoid any implication of coercion or lack of voluntariness, the prenup process should start 3 to 6 months prior to the wedding date. Gathering the required financial disclosure documents (tax returns, bank statements, appraisals) can take 2 to 4 weeks, and negotiating terms back and forth between attorneys generally takes 1 to 2 months.

Frequently Asked Questions (FAQ)