Prenuptial Agreement - Utah

UTAH PREMARITAL AGREEMENT

Before signing: Complete both financial schedules with reasonable detail, including values and debts. Give each person time to review the completed agreement and the other person's schedule. Each person may obtain independent legal advice. Sign before the marriage. This agreement takes effect upon marriage.

This Premarital Agreement is made on [DATE] by [PARTY A FULL LEGAL NAME] ("A") and [PARTY B FULL LEGAL NAME] ("B"), who intend to marry. They agree as follows.

1. Financial information and review

1. A has delivered Schedule A to B, and B has delivered Schedule B to A. Each schedule identifies the disclosing person's principal property, estimated values, income, and financial obligations as of the date shown. Each person may attach supporting records and corrections. A material correction delivered before signing becomes part of the applicable schedule only if both people initial it.
2. Each person acknowledges receiving the other's completed schedule on [DATE RECEIVED BY A] / [DATE RECEIVED BY B]. Each has had an opportunity to ask questions, review available records, and consult a separate lawyer of that person's choice. Counsel for A: [NAME OR "NONE"]. Counsel for B: [NAME OR "NONE"].
3. Each signs voluntarily after reviewing the completed document and schedules. No statement here prevents a court from applying Utah Code § 81-3-205.

2. Separate property

1. Property listed on A's Schedule A remains A's separate property; property listed on B's Schedule B remains B's separate property. Property later received by one person alone as a gift or inheritance also remains that person's separate property.
2. Proceeds, replacement property, income, and appreciation attributable to separate property remain separate if reasonably identifiable. If separate and joint funds are combined, the parties will use records to identify their respective contributions. A change in title or a written designation signed by both may change the classification of identified property.
3. Each person may manage and dispose of that person's separate property, subject to obligations imposed by law or a later signed agreement. This section does not transfer title to any asset or alter a third party's rights.

3. Property acquired during marriage

1. Property acquired in both names, or expressly designated as joint in a writing signed by both, is joint property. Unless that writing states a different allocation, the parties intend equal beneficial shares between themselves.
2. Earnings received after marriage are: [CHOOSE ONE AND INITIAL]

☐ A's earnings belong to A and B's earnings belong to B. Initials: A [____] B [____]

☐ Earnings deposited in a joint account are joint property; other earnings belong to the earner. Initials: A [____] B [____]

☐ Other agreed treatment: [DESCRIBE]. Initials: A [____] B [____]

3. A transfer into a joint account is classified according to the election above and any written designation accompanying the transfer. Keep records of transfers whose ownership matters.

4. Debts

1. Each person remains responsible, as between A and B, for obligations listed on that person's schedule and obligations later incurred solely in that person's name, except where both sign a different allocation.
2. Obligations both people sign or expressly assume together are shared [EQUALLY / OTHER WRITTEN ALLOCATION: ____] as between them. This agreement does not release either person from an obligation to a creditor or restrict a creditor's rights.

5. Separation or dissolution

Upon separation or dissolution, each person retains that person's separate property and bears that person's allocated separate debts. Joint property and joint debts are divided according to the ownership and allocation terms above, subject to any later signed agreement and applicable court authority. The parties will cooperate in signing documents needed to carry out an approved disposition.

6. Spousal support

[CHOOSE ONE AND INITIAL]

☐ Neither person waives a claim for spousal support by this agreement. Initials: A [____] B [____]

☐ Each person agrees to waive spousal support to the extent Utah law permits. The parties understand that, if a support modification or elimination makes a person eligible for public assistance at separation or dissolution, a court may require support to the extent needed to avoid that eligibility under Utah Code § 81-3-205(2). Initials: A [____] B [____]

☐ The parties agree to this specific support arrangement, subject to Utah law and court review: [TERMS]. Initials: A [____] B [____]

7. Death, children, and other rights

1. This agreement does not itself change a will, beneficiary designation, retirement plan, or property title. No surviving spouse's statutory right is expressly waived here. Any intended death-related waiver or disposition must be set out in a separately reviewed, signed addendum identifying the right or property and its legal effect.
2. This agreement does not limit a child's right to support, health and medical provider expenses, medical insurance, or child care coverage. Parenting arrangements, if any, remain subject to the court's authority and the law applicable when an issue arises.

8. General terms

1. Effective date. This agreement takes effect only when A and B marry each other. If their marriage is later determined void, Utah Code § 81-3-206 governs any enforcement.
2. Amendment or revocation. After marriage, the parties may amend or revoke this agreement only by a written agreement signed by both. Neither silence nor a verbal statement changes it.
3. Governing law. Utah law governs construction of this agreement, subject to the court's authority under Utah Code § 81-3-203(1)(f) to apply a party's domicile law when fair and equitable.
4. Entire agreement. This document, its completed schedules, and any addendum signed by both are the parties' agreement on the subjects addressed here. A later signed writing may identify and replace a specific term.
5. Severability. If a term is unenforceable, the remaining terms continue to the extent they can operate consistently with the parties' intent and applicable law.

9. Signatures

Each person has received a complete copy of this agreement and both schedules before signing.

Schedule A — A's financial disclosure

Disclosure date: [__/__/____]. Attach additional signed pages if needed. Values are estimates as of the disclosure date; identify the basis when material.

Other debts or financial obligations, with approximate balances: [DETAILS]. Annual income or income sources: [DETAILS]. Material contingent obligations: [DETAILS]. Supporting documents delivered: [LIST].

A signature: [________________________] Date: [__/__/____] B acknowledgment of receipt: [________________________] Date: [__/__/____]

Schedule B — B's financial disclosure

Disclosure date: [__/__/____]. Attach additional signed pages if needed. Values are estimates as of the disclosure date; identify the basis when material.

Other debts or financial obligations, with approximate balances: [DETAILS]. Annual income or income sources: [DETAILS]. Material contingent obligations: [DETAILS]. Supporting documents delivered: [LIST].

B signature: [________________________] Date: [__/__/____] A acknowledgment of receipt: [________________________] Date: [__/__/____]