Free Utah Prenuptial Agreement Template

A Utah prenuptial agreement is an agreement between prospective spouses, made in contemplation of marriage, that takes effect on marriage. Utah’s version of the Uniform Premarital Agreement Act now sits at Utah Code §§ 81-3-201 through 81-3-208.

This version has several features that set it apart from the uniform model.

New Section Numbers

The legislature renumbered the act in its 2024 General Session, effective September 1, 2024. Older guides cite Title 30, Chapter 8, which no longer holds these rules.

Written and Signed

Under § 81-3-202, the agreement must be in writing and signed by both parties. Consideration isn’t required.

Children’s Rights Stay Protected

Section 81-3-203(2) goes beyond child support. A prenup also can’t affect a child’s right to health and medical provider expenses, medical insurance, or child care coverage.

Choice of Law, With a Limit

Partners may choose the law that governs their agreement. However, § 81-3-203(1)(f) lets a court apply the law of either party’s legal domicile if that’s fair and equitable.

Utah uses a fraud test. Under § 81-3-205(1), a partner can defeat the agreement by proving involuntary signing.

Alternatively, they can prove the agreement was fraudulent when signed. In that case, they must also show these gaps existed before signing:

• Missing reasonable disclosure of the other’s finances, insofar as possible
• An absent written waiver of more disclosure
• Inadequate knowledge, with no reasonable way to have it

The uniform act uses “unconscionable” where Utah uses “fraudulent.” Under § 81-3-205(3), the court decides fraud as a matter of law.

In addition, under § 81-3-205(2), a court may still order support if a waiver would leave a spouse eligible for public assistance.

After the wedding, § 81-3-204 allows changes or revocation only through a written agreement both spouses sign. So a Utah prenuptial agreement should pair honest disclosure with support terms both partners can live with.

1. Cite the current code. Use § 81-3-201 and following, not Title 30.
2. Disclose finances as fully as you can. Utah looks for reasonable disclosure.
3. Keep children’s coverage out of it. Medical and child care rights stay protected.
4. Pick a governing law carefully. A court can still apply either partner’s home-state law.
5. Sign voluntarily. Both partners sign the final written agreement.

A Utah prenuptial agreement commonly covers:

• Property rights and management
• What happens to property at separation, divorce, or death
• Spousal support terms
• Life insurance death benefits
• A governing-law clause
• Each partner’s signature and date