Utah § 81-3-205 Enforcement.

Utah Statutes

§ 81-3-205 — Enforcement.

Utah·Title 81 Utah Domestic Relations Code·Ch. 81-3 Rights and Obligations During Marriage·Part 81-3-2 Uniform Premarital Agreement Act

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

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

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

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

(1)(b)(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

(1)(b)(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 m

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(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1)(a) that party did not execute the agreement voluntarily; or
(1)(b) the agreement was fraudulent when the agreement was executed and, before execution of the agreement, that party:
(1)(b)(i) was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible;
(1)(b)(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
(1)(b)(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.

Utah § 81-3-205 (Enforcement.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.