PREMARITAL AGREEMENT

(UTAH – UNIFORM PREMARITAL AGREEMENT ACT)

[// GUIDANCE: This template is drafted under the Utah Uniform Premarital Agreement Act (“UPAA”), Utah Code Ann. § 30-8-1 et seq. Practitioners should append or remove clauses to fit the clients’ objectives. All bracketed text must be completed, revised, or deleted prior to execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules

1. DOCUMENT HEADER

1.1 Title and Parties

This Premarital Agreement (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).

1.2 Recitals

A. The Parties are presently engaged and contemplate a lawful marriage in the State of Utah on or about [MARRIAGE DATE].
B. Pursuant to Utah Code Ann. § 30-8-3, the Parties desire to establish their respective rights and obligations in property, income, and liabilities, both presently owned and hereafter acquired, and other matters as permitted by law.
C. The Parties have made a full and fair disclosure of their assets, liabilities, and financial circumstances, attached hereto as Schedule A (Party A) and Schedule B (Party B) (collectively, the “Disclosure Schedules”).
D. Each Party has had adequate opportunity to consult independent legal counsel of that Party’s own choice, or knowingly waived such right in writing.
E. Each Party enters into this Agreement voluntarily, free from fraud, duress, or undue influence, and desires that this Agreement be enforced to the fullest extent permitted by law.

NOW, THEREFORE, in consideration of the mutual promises herein, the impending marriage, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below. Unless the context requires otherwise, terms defined in the singular include the plural and vice-versa.

“Affiliate” means any entity controlling, controlled by, or under common control with a Party.
“Agreed Cap” has the meaning set forth in Section 7.2.
“Confidential Information” has the meaning set forth in Section 5.4.
“Disclosure Documents” means collectively the financial statements, tax returns, and certifications delivered pursuant to Section 3.1.
“Marital Assets” has the meaning set forth in Section 3.3(a).
“Marital Debts” has the meaning set forth in Section 3.3(b).
“Separate Property” means, with respect to a Party, (i) all assets listed on that Party’s Disclosure Schedule; (ii) all assets acquired by gift, devise, or inheritance in that Party’s sole name; (iii) proceeds, appreciation, and substitutions thereof; and (iv) income earned on Separate Property, except as otherwise expressly designated herein.
“Specified Performance Remedy” has the meaning set forth in Section 6.3.
“UPAA” means the Utah Uniform Premarital Agreement Act, Utah Code Ann. § 30-8-1 et seq., as amended.

[// GUIDANCE: Insert additional or delete unused definitions to maintain precision and consistency.]

3. OPERATIVE PROVISIONS

3.1 Mutual Financial Disclosure

(a) Each Party affirms that the Disclosure Schedules and all supporting financial statements, income records, and tax returns (collectively, the “Disclosure Documents”) constitute a full, fair, and reasonably accurate disclosure of that Party’s financial condition as of the Effective Date, satisfying Utah Code Ann. § 30-8-6(1)(b).
(b) Each Party acknowledges receipt of the other Party’s Disclosure Documents at least [NUMBER] days prior to executing this Agreement.

3.2 Waiver of Community/Marital Property Regime

Utah is an equitable-distribution jurisdiction. To the maximum extent permitted by Utah Code Ann. § 30-8-5, any statutory presumption of joint ownership or equitable distribution is hereby waived as between the Parties, except as expressly provided herein.

3.3 Classification of Property and Debt

(a) Marital Assets. The Parties agree that property acquired jointly by title in both names, or property expressly designated in writing as “Marital,” shall constitute “Marital Assets,” subject to equal division upon Legal Dissolution (defined below).
(b) Marital Debts. Debt jointly incurred in writing, or incurred for the acquisition or maintenance of Marital Assets, shall be “Marital Debts.”
(c) All other property or debt, including any appreciation, rents, profits, or substituted assets, shall remain Separate Property or separate debt of the respective Party unless re-titled or re-characterized by express written instrument signed by both Parties.

3.4 Management, Income, and Tax Matters

(a) Control. Each Party shall retain exclusive control, management, and disposition rights over his or her Separate Property.
(b) Income Derived From Separate Property. Income produced by Separate Property shall remain that Party’s Separate Property unless deposited into a commingled account for more than [X] calendar days without contemporaneous tracing records.
(c) Tax Elections. The Parties shall elect [MARITAL FILING STATUS] for U.S. and Utah state income tax purposes unless mutually agreed otherwise in writing. Each Party shall indemnify the other for tax liabilities attributable to that Party’s Separate Property or income.

3.5 Spousal Support

(a) Limited Waiver. Subject to Section 3.5(b), each Party hereby waives any right to spousal maintenance, alimony, or similar support.
(b) Public Policy Override. This waiver shall be enforceable unless, at the time of enforcement, it would render the waiving Party eligible for public assistance, in which case a court of competent jurisdiction may order support to the extent necessary to eliminate such eligibility pursuant to Utah Code Ann. § 30-8-6(2).

3.6 Gifts Between the Parties

Any inter-spousal gift shall become the Separate Property of the receiving Party unless the gifting instrument clearly states otherwise.

3.7 Death or Legal Dissolution

Upon death or legal dissolution (“Legal Dissolution”) of the marriage, the Parties’ respective Separate Property shall remain their own, free of any elective-share, homestead, or similar claim by the other Party, unless an instrument executed after the marriage expressly states otherwise.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party represents that he or she is at least 18 years of age and under no legal impediment to marry.

4.2 Voluntariness & Counsel. Each Party (i) has executed this Agreement voluntarily; (ii) has been advised of the right to separate legal counsel and either has retained such counsel or knowingly waived that right; and (iii) understands the legal effect of this Agreement.

4.3 Accurate Disclosure. Each Party warrants that the Disclosure Documents are materially accurate and complete, and that no material asset, liability, or source of income has been intentionally omitted.

4.4 Reliance. Each Party enters into this Agreement in reliance upon the representations and warranties of the other Party herein.

4.5 Survival. The representations and warranties set forth in this Article 4 shall survive execution and continue in full force and effect.

5. COVENANTS & RESTRICTIONS

5.1 Record Keeping. Each Party shall maintain complete and accurate records sufficient to trace Separate Property, Marital Assets, and income therefrom.

5.2 Non-Commingling. Each Party shall use commercially reasonable efforts to segregate Separate Property from Marital Assets and from the other Party’s Separate Property.

5.3 Further Assurances. Upon reasonable request, a Party shall execute and deliver instruments or consents reasonably necessary to carry out the provisions of this Agreement.

5.4 Confidentiality. All financial or personal information exchanged in connection with this Agreement (“Confidential Information”) shall remain confidential, except as required by law or court order.

5.5 Notice of Material Change. Each Party shall notify the other in writing within [30] days of any material change in net worth exceeding [THRESHOLD AMOUNT].

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute a default (“Default”):
(a) Material breach of any covenant or obligation herein;
(b) Fraudulent or intentional misrepresentation in the Disclosure Documents; or
(c) Failure to cooperate in effectuating the terms of this Agreement.

6.2 Cure Period. The defaulting Party shall have [15] days after written notice of Default to cure, if the breach is curable.

6.3 Remedies. Upon uncured Default, the non-defaulting Party may pursue:
(a) Specific performance or declaratory relief (the “Specified Performance Remedy”);
(b) Monetary damages subject to the Agreed Cap in Section 7.2; and
(c) Reformation or equitable relief as the court deems just.

6.4 Attorneys’ Fees. The prevailing Party in any enforcement action shall be entitled to recover reasonable attorneys’ fees, court costs, and expert fees.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, and that Party’s heirs and assigns (collectively, “Indemnified Party”), from and against any loss, liability, or expense (including reasonable attorneys’ fees) arising out of (i) the Indemnifying Party’s Separate Property, Separate Debts, or tax obligations; or (ii) the Indemnifying Party’s breach of this Agreement.

7.2 Limitation of Liability

Except for fraud or willful misconduct, each Party’s aggregate liability for monetary damages arising under or in connection with this Agreement shall not exceed the lesser of (a) [AGREED DOLLAR CAP] or (b) [PERCENTAGE]% of that Party’s net Separate Property as of the date of judgment (the “Agreed Cap”).

7.3 Insurance

Each Party shall maintain life insurance of at least [AMOUNT] naming the other Party (or the Parties’ minor children) as beneficiary until the marriage is terminated by death or Legal Dissolution, unless mutually waived in writing.

7.4 Force Majeure

A Party shall not be liable for failure to perform obligations that are rendered impossible by act of God, governmental action, or other event beyond that Party’s reasonable control; provided, however, that this Section shall not excuse any payment obligations or obligations that can be satisfied by monetary compensation.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any dispute arising hereunder shall be governed by, and construed in accordance with, the domestic relations laws of the State of Utah, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the Utah state district court having family-law jurisdiction (“State Family Court”) located in [COUNTY], Utah.

8.3 Limited Arbitration.
(a) Scope. Upon mutual written agreement after a dispute arises, property-related claims (but not issues of child custody or child support) may be submitted to binding arbitration under the Utah Uniform Arbitration Act.
(b) Administration. Arbitration shall be administered by [ARBITRATION PROVIDER] in [CITY], Utah, before a single arbitrator experienced in family law.
(c) Confirmation. Judgment on any arbitral award may be entered in the State Family Court.

8.4 Jury Waiver. To the extent a jury might otherwise be available, each Party knowingly and irrevocably waives trial by jury for any dispute arising under this Agreement.

8.5 Injunctive Relief. Notwithstanding Section 8.3, each Party reserves the right to seek specific performance or temporary, preliminary, and permanent injunctive relief from the State Family Court to enforce this Agreement.

9. GENERAL PROVISIONS

9.1 Amendment. This Agreement may be amended only by a written instrument executed by both Parties and compliant with Utah Code Ann. § 30-8-7.

9.2 Waiver. Failure or delay in enforcing any provision shall not constitute waiver unless in writing and signed by the waiving Party.

9.3 Assignment. This Agreement and the rights and obligations hereunder are personal to each Party and may not be assigned, delegated, or otherwise transferred, except to the extent necessary to bind heirs and personal representatives.

9.4 Successors & Assigns. Subject to Section 9.3, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.5 Severability. If any provision is determined invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be deemed modified to the minimum extent necessary to render it valid.

9.6 Entire Agreement. This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof, superseding all prior or contemporaneous negotiations and understandings, whether oral or written.

9.7 Counterparts & Electronic Signatures. This Agreement may be executed in one or more counterparts, including by electronic signature (e.g., via DocuSign or similar platform), each of which shall be deemed an original and all of which together constitute one instrument.

9.8 Construction. The headings are for convenience only and shall not affect interpretation. The rule of strict construction against the drafter shall not apply.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Premarital Agreement as of the Effective Date.

[// GUIDANCE: Notarization is strongly recommended, though not mandated by Utah law. Add notary acknowledgments below as needed.]

NOTARY ACKNOWLEDGMENT – PARTY A
State of Utah )
: ss. )
County of __)
On this day of _, 20___, before me, the undersigned Notary Public, personally appeared [PARTY A NAME], who proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed within this instrument, and who executed the same voluntarily for the purposes therein contained.

Notary Public
My commission expires: _______

NOTARY ACKNOWLEDGMENT – PARTY B
[Duplicate acknowledgment block]

11. SCHEDULES

• Schedule A – Party A’s Separate Property & Debts
• Schedule B – Party B’s Separate Property & Debts

[// GUIDANCE: Attach detailed lists of each Party’s assets (including account numbers, titles, and approximate values) and liabilities. Practitioners should update valuations as close as practicable to the execution date.]

© 2025 [LAW FIRM/ATTORNEY NAME]. All rights reserved. This template is provided for professional use by licensed attorneys only and does not constitute legal advice to any specific person.