(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.

(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