Post Marital Agreements in Utah
Over the past few weeks we have received numerous phone calls and emails about post marital agreements in Utah. It seems more and more people throughout the state are turning to post marital agreements as a means of resolving marital issues prior to seeking divorce or separation. We receive many referrals from other attorneys because we draft many pre and post nuptial agreements and are considered by many to be the “go to” post martial agreement attorney in Salt Lake City and Provo.
Post Marital Contract v. Legal Separation
In some instances, our clients initially believe that a post nuptial agreement is the same thing as a legal separation. This is not the case. If you wish to separate with your spouse, a post nuptial agreement does not provide any legal protections to do so. Rather, a post nuptial agreement makes sense if the two of you would like to define issues in the event of termination of the marriage and to prevent future litigation.
Post Nups and Utah Requirements
The next most common question relates to the validity of post nups in Utah. Yes, post nuptial agreements are valid in this state. However, they must meet certain requirements in order to be upheld. The biggest thing to remember is that unlike premarital contracts, a post marital contract must be support by consideration in order for it to be considered legally binding in a court of law. This means that you both must give something in exchange for the promises set forth in the contract. There are other requirements as well. Before making a mistake by executing a boiler plate form online, you should consult with a Salt Lake City family law attorney at our office immediately.
Get a Post Marital Agreement
If you are considering a post marital agreement with your spouse, it probably makes sense to do it and you should consult with a Utah divorce lawyer at our office right away. We draft solid iron clad agreements that protect your interests. Call us today at 801.618.1331. Consultations are free and we are available nights and weekends in addition to regular business hours. We look forward to serving you.
