81-3-205. Enforcement.

218 words·~1 min read·/ut/title-81/chapter-3/81-3-205

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

Effective 9/1/2024

(1)A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(a)that party did not execute the agreement voluntarily; or

(b)the agreement was fraudulent when the agreement was executed and, before execution of the agreement, that party:

(i)was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible;

(ii)did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii)did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(2)If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(3)An issue of fraud of a premarital agreement shall be decided by the court as a matter of law.

Renumbered and Amended by Chapter 366 , 2024 General Session