Prenuptial Agreement

Northern Utah Marital Agreement Attorney

A Prenuptial agreement, or sometimes referred to as a premarital agreement, is a common topic in social media. Whether it’s through TV, books, music, or movies you have most likely heard of a “prenup.” Although the premise that surrounds a premarital agreement in the media is usually quite negative, in reality premarital agreements can be very beneficial to a number of couples. Obviously, for young couples with little to no assets, a prenuptial agreement is not as helpful as for those getting married later in life or for a second time. While the thought of a future divorce isn’t necessarily the most romantic thing on most engaged couple’s minds, it makes sense to protect all parties involved in the marriage with a premarital agreement.

Ensuring the Contract Holds

Although coming to an agreement seems simple, especially between two couples in love, the difficult part is constructing the agreement in a way that ensures it will be upheld in court. For the agreement to be valid it must be entered into voluntarily and cannot be fraudulent or misleading, such as failing to disclose property ownership or other important information. Furthermore, to make the contract even more ironclad it is a good idea to make sure that both parties are receiving something from the agreement, and that it is fair. For example, if the agreement simply says the wife does not get anything from the husband and does not protect the wife’s assets from the husband at all, then the agreement is lopsided and will be less binding.

Benefits of the Agreement

By using a premarital agreement the parties can be sure that their assets are protected and they can also provide for how a divorce proceeding would be handled if the marriage comes to that. Some other things that are often included in a premarital agreement include:

  • Explanation of rights to joint and separate property
  • Disposition of property in the event of divorce, separation, or death
  • Modification or Elimination of alimony
  • Death Benefits
  • Choice of law for divorce

Ogden Family Lawyer

If you think you may be able to benefit from a premarital agreement then the first thing to do is talk to your fiancé about it and then you should call an attorney at our firm. Our lawyers are experienced in family law and know how to draft a custom prenuptial agreement that is binding and tailored to your needs. We offer free consultations and can help answer any questions you may have, so call us today to set up an appointment. 801.475.0991

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