81-15-104. Arbitration agreement.

215 words·~1 min read·/ut/title-81/chapter-15/81-15-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)An arbitration agreement shall:

(a)be in a record signed by the parties;

(b)identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and

(c)identify the family law dispute the parties intend to arbitrate.

(2)Except as otherwise provided in Subsection

(3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.

(3)An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:

(a)the parties affirm the agreement in a record after the dispute arises; or

(b)the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.

(4)If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.

Enacted by Chapter 315 , 2025 General Session