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(801) 254-9450 (801) 254-9450 Marital agreements can help spouses resolve domestic disputes without lengthy court proceedings. These documents can cover a range of issues and responsibilities, such as asset division or financial support.
Courts will generally respect agreements made between spouses or soon-to-be married partners, assuming they were made in good faith. When you are negotiating an agreement with your partner, seek legal counsel from a South Jordan marital agreements lawyer. Our experienced family law attorneys could guide you as you create documents or help review them.
A premarital agreement can help future spouses come to terms with their financial responsibilities in the event of separation or divorce. According to Utah Code Ann. § 81-3-202, premarital agreements can address terms such as:
It is important to note that premarital agreements cannot address a parent’s obligation for child support, child care, medical expenses, or medical insurance.
In addition, courts will only recognize premarital agreements that are:
A lawyer at our South Jordan office could help you amend existing premarital agreements. While courts generally uphold these agreements, a judge will not enforce the contract if a party did not sign voluntarily or the document resulted from fraud.
When spouses are going through a divorce, a postnuptial agreement is another option to help avoid drawn-out disputes in court. A postnuptial agreement is especially helpful when one spouse is in a disproportionately better financial situation.
Postnuptial agreements can benefit both parties by allowing a spouse to safeguard certain assets while ensuring that the individual with less financial resources does not experience a drastically reduced quality of life.
For example, a stay-at-home parent who acts as a primary caregiver to the married couple’s children may not have access to adequate job skills or income upon divorce. Rather than waiting for a judge to decide the matter, spouses can negotiate terms such as:
Unlike prenuptial agreements, courts require that consideration is exchanged to deem a postnuptial agreement effective. This means that the spouses must exchange something of value in the agreement.
The state also requires that the parties sign postnuptial contracts in writing. Courts are unlikely to enforce an agreement that resulted from misinformation, such as a spouse’s failure to fully disclose their assets.
In addition to postnuptials, spouses may also choose to enter into a separation agreement if they are legally separated but uncertain about pursuing a final divorce. A lawyer at Carr | Woodall in South Jordan and the surrounding area could advise you on the key terms of your marital agreement.
Without a prenuptial or postnuptial agreement, the state follows the policy of equitable distribution when deciding how marital property is divided upon divorce. Courts will aim to divide assets fairly, but this does not mean an equal split. The court will look at a range of factors, such as:
Entering into a marital agreement can help eliminate uncertainty regarding how a court will divide spouses’ assets. However, a court must still review the agreement and deem that the terms are fair.
Consulting with a marital agreements lawyer at our South Jordan office could help mitigate the uncertain outcome of equitable distribution.
Speak with a South Jordan marital agreements lawyer as soon as possible if you are considering negotiating a contract with your future, current, or former spouse.
Our knowledgeable legal team at Carr | Woodall aims to work collaboratively to help solve problems involving marital agreements. Call today to schedule an initial consultation; we provide services within Salt Lake County, northern Utah County, and beyond.