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Prenuptial Agreement Can Be Thrown Out

Prenuptial agreements have gained popularity in recent years. They are touted as an amicable agreement between a couple that will protect them both in the event of a divorce and keep any confrontations to a minimum. However, there are some agreements that may be thrown out by the Utah courts for a variety of reasons.

It is not unheard of for one potential spouse to spring a prenuptial agreement on the other just days — or even the day before — the wedding is supposed to take place. In these cases, some individuals may sign the agreement even though they are not comfortable with doing so. If the marriage ends in divorce, it could be argued that the party was coerced into signing the prenup, which could make it invalid.

Prenuptial Agreement Can Be Thrown Out

Another reason why a Utah judge may throw out the agreement is if one spouse failed to fully disclose all of his or her assets to the other spouse during negotiations. Whether a prenup is considered valid may also depend on how equitable the agreement is to both parties. If one party will walk away with the majority of the marital assets, essentially leaving the other party destitute, the court may throw it out.

Therefore, individuals who have signed prenuptial agreements under any of these conditions need to know that they may not be as ironclad as people are led to believe. Of course, it will be necessary to prove to the court that one or several of these conditions exist before the contract is invalidated in the event of a divorce. The goal of most family courts is to ensure that each party is treated fairly, and if that means that a marital contract was entered into through fraud or duress, it can be ruled invalid by the court.

Should you consider a prenuptial agreement?

No one gets married thinking that it will ultimately end in divorce. For this reason, many Utah couples fail to think about how to protect their interests in case this happens. It may not seem romantic, but it can be advantageous to consider the benefits of drafting a prenuptial agreement.

A prenuptial agreement is not something that only the rich and famous need. Anyone, no matter his or her income level, could benefit from the protections provided with this legal document. If you are planning to marry in the near future, what do you have to lose from taking steps to protect your future financial interests?

What are the benefits of a prenuptial agreement?

In its most basic form, a prenuptial agreement outlines how marital property will be divided in the event of a divorce. However, these documents can actually be quite specific, allowing you to maintain a certain element of control and helping you avoid litigation in the event that the marriage ends. If you are on the fence about the necessity of a prenuptial agreement, consider the following benefits:

  • This document can protect the inheritance rights of your children, which is particularly important if it is not your first marriage.
  • A prenuptial agreement can ensure that one spouse does not walk away from the marriage with an unfair portion of marital debt.
  • This can allow you to protect your interests in a small business or professional practice.
  • This agreement can allow you to protect your future financial interests if you do not work during the marriage or after your children are born.
  • These agreements can address issues such as spousal support and other issues unique to individuals who support children from previous marriages.

Prenuptial agreements are popular among people who have significant wealth or other valuable assets. However, it can be a practical choice for people who simply want to protect their interests or ensure that they can avoid litigation in the event that a marriage ends.

A happy financial future

It is not easy to think about needing a prenuptial agreement before you even get married, but it can lead to beneficial discussions about things such as financial responsibilities, mindsets on money and more. In fact, it can also provide you peace of mind knowing that your interests are secure.

If you are unsure if you could benefit from a prenuptial agreement, you may find it useful to seek a complete explanation of your rights and the legal protections available to you.

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Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506