(1) |
A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
Terms Used In Utah Code 30-8-6- Fraud: Intentional deception resulting in injury to another.
- Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See Utah Code 30-8-2
- Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Utah Code 30-8-2
- Writing: includes :Utah Code 68-3-12.5
(a) |
that party did not execute the agreement voluntarily; or |
(b) |
the agreement was fraudulent when it 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. |
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(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. |
Enacted by Chapter 105, 1994 General Session