A Utah postnuptial agreement is a contract that lets individuals in a marriage decide on their property obligations and rights if their marriage ends due to death or divorce. Postnups are similar to prenups, but they offer flexibility because spouses can enter them after marriage instead of before.
Legal Considerations
Title 30 of the Utah Code discusses factors relating to husband and wife, including their marriage, property rights, and divorce matters.
- Signing Requirements: The husband and wife must sign the postnup because this document is subject to basic contract principles (Peirce v. Peirce 994 P.2d 193 (2000)).
- Dividing Property: Equitable division (§ 30-3-5).
Understanding Postnuptial Agreements in Utah
Scrutiny and Consideration
The Peirce v. Peirce case creates two important takeaways for spouses creating postnups:
- Scrutiny: The closeness of a husband and wife subjects them to a high level of scrutiny. Each party is held to the highest degree of candor, honesty, and good faith when negotiating and executing this agreement.
- Consideration: Since a postnup is subject to contract principles, it must contain adequate consideration.
§ 30-2-2 – Wife’s Right to Contract, Sue, and Be Sued
- A wife can make contracts as if she were unmarried.
- She may also incur liabilities or enforce those made against her in the same manner and to the same extent as if she were single.
§ 30-2-3 – Conveyances between Husband and Wife
- A lien, transfer, or conveyance that a husband or wife executes to or in favor of the other shall be valid as if the transaction occurred between other people.
