Postmarital or Postnuptial Agreements
Though less common than premarital agreements, post-marital agreements can still be written up for the same purposes and in the same manner as a premarital one. The major difference between a post-marital and a premarital agreement are simply that the premarital is created prior to entering into a marriage, and the postmarital agreement is entered into after marriage. The reasons for entering into a postmarital contract are usually less about protecting premarital property and assets and more about how the spouses will handle the marriage’s assets in the case of divorce, death, incapacitation or other events.
The examples of what a postmarital agreement may cover are the exact same as those of a premarital agreement: 1) Rights and obligations to their mutual property and the property of each other; 2) right of parties to buy, sell, use, transfer, exchange, etc. and manage and control property; 3) disposition of property in the event of separation, divorce, death, or other events; 4) modification or elimination of alimony, or spousal support; 5) death benefits from life insurance; 6) choice of law for divorce or other proceedings; 7) other matters not deemed illegal or against public policy or law.
Void or Valid?
Postmarital agreements are allowed and valid in the state of Utah. The agreements are contracts and may only be entered into voluntarily. If the agreement is fraudulent or does not disclose property or other important information that would affect the agreement, then it may be void. Full disclosure by both parties is required and forcing or unduly pressuring the other party into signing an agreement that they do not agree to may make the agreement unenforceable.
Postmarital agreements become effective when signed voluntarily by both parties. They may only be amended or revoked by a written agreement also signed by both parties. You may not create an agreement concerning child support, health, medical care or medical insurance, or child care coverage.
Where to Get Help
If you are married but would like to plan for unforeseen future events to protect your marital assets Utah Divorce Hotline can help. Our family law attorneys can make sure that the contract is legally binding and enforceable. We will make sure that your property and finances are protected in the case of death or other unfortunate circumstances.
To get started contact us at 801.618.1331 or by email.