Can you put an infidelity clause in a prenup?

Adding an infidelity clause prenup could protect your financial future in case you divorce your spouse because of cheating. These days, prenups aren't just stuffy or offensive. Instead, they're widely recognized as practical, forward-thinking financial management tools.

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Utah Revocation of Premarital or Prenuptial Agreement

Prenuptial Agreement Utah With Infidelity Clause

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

Utah

Control #:

UT-00590-E

Format:

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Description

The Prenuptial Agreement Utah with Infidelity Clause is a critical legal document designed to outline the financial rights and obligations of partners in the event of a separation or divorce, particularly in cases involving infidelity. It establishes a clear framework that can protect individual assets and define how marital property will be handled if the marriage ends due to infidelity. This form is beneficial for attorneys as it provides a solid foundation for client protection and dispute resolution. Partners can use it to define expectations and responsibilities before marriage, ensuring both parties are aware of the implications of infidelity on their financial arrangements. Owners and associates in law firms may find it useful for managing client relationships and case preparation, while paralegals and legal assistants can support the completion of the form, ensuring it meets all legal requirements. Filling and editing instructions emphasize the need for clear and specific language, regular updates, and proper notarization. Users are encouraged to consult with legal professionals when drafting or modifying this agreement to ensure compliance with Utah laws.

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How to fill out Utah Revocation Of Premarital Or Prenuptial Agreement?

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FAQ

A prenuptial agreement is a contract that is binding upon both parties. Cheating will only void the prenuptial agreement if the prenup specifically says so.

Most no-fault divorce states, including California, Nevada, Iowa, and Hawaii, will not enforce an infidelity clause. On the other hand, states allowing for divorce based on adultery ? including Pennsylvania and Tennessee ? may honor infidelity clauses in divorce cases.

While prenups traditionally focus on finances, more couples are using them to define other aspects of their relationship, from household responsibilities to marital intimacy. They can also provide for what happens if a spouse cheats.

A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.

Adding an infidelity clause prenup could protect your financial future in case you divorce your spouse because of cheating. These days, prenups aren't just stuffy or offensive. Instead, they're widely recognized as practical, forward-thinking financial management tools.

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Revocation of Premarital or Prenuptial Agreement

Sometimes there are areas of law about which Uniform Acts are written and adopted by the various states. Premarital Agreements is such an area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS adopted the final version of the Uniform Premarital Agreement Act in 1983. Since that date, the act, as modified by the various states, has been adopted in the following states: Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah and Virginia. At the heart of the act is the provision which provides that such an agreement is generally valid if in writing and sets forth the factors to consider if the agreement is challenged.

Utah Statutes

Title:

This act shall be known as the "Uniform Premarital Agreement Act."30-8-1.

Definitions:

As used in this chapter:

(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.30-8-2.

Writing - Signature required:

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.30-8-3.

Content:

(1) Parties to a premarital agreement may contract with respect to:

(a) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(c) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(d) the modification or elimination of spousal support;

(e) the ownership rights in and disposition of the death benefit from a life insurance policy;

(f) the choice of law governing the construction of the agreement, except that a court of competent jurisdiction may apply the law of the legal domicile of either party, if it is fair and equitable; and

(g) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(2) The right of a child to support, health and medical provider expenses, medical insurance, and child care coverage may not be affected by a premarital agreement.30-8-4.

Effect of marriage - Amendment - Revocation:

(1) A premarital agreement becomes effective upon marriage.

(2) After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.30-8-5.

Enforcement:

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

(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.30-8-6.

Enforcement - Void marriage:

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.30-8-7.

Limitations of actions:

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. 30-8-8.

Application and construction:

This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.30-8-9

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs

Protecting against Fears of Family Members

Protecting Family Assets

Protecting Business Assets

Protection Against Creditors

Child Custody and Support Guidelines

Predetermined Disposition of Property

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Revocation of Premarital or Prenuptial Agreement

Utah Statutes

Title:

This act shall be known as the "Uniform Premarital Agreement Act."30-8-1.

Definitions:

As used in this chapter:

(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.30-8-2.

Writing - Signature required:

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.30-8-3.

Content:

(1) Parties to a premarital agreement may contract with respect to:

(a) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(c) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(d) the modification or elimination of spousal support;

(e) the ownership rights in and disposition of the death benefit from a life insurance policy;

(g) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(2) The right of a child to support, health and medical provider expenses, medical insurance, and child care coverage may not be affected by a premarital agreement.30-8-4.

Effect of marriage - Amendment - Revocation:

(1) A premarital agreement becomes effective upon marriage.

Enforcement:

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

(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.

(3) An issue of fraud of a premarital agreement shall be decided by the court as a matter of law.30-8-6.

Enforcement - Void marriage:

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.30-8-7.

Limitations of actions:

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. 30-8-8.

Application and construction:

This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.30-8-9

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs

Protecting against Fears of Family Members

Protecting Family Assets

Protecting Business Assets

Protection Against Creditors

Child Custody and Support Guidelines

Predetermined Disposition of Property

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Prenuptial Agreement Utah With Infidelity Clause

This form is part of a form package!

Description

Related forms

Viewed forms

How to fill out Utah Revocation Of Premarital Or Prenuptial Agreement?

Form popularity

FAQ

Is a prenup voided if someone cheats?

Which states enforce infidelity clause?

Is a prenup valid if the spouse cheats?

What are five things that Cannot be included in a prenuptial agreement?

Can you put an infidelity clause in a prenup?

Trusted and secure by over 3 million people of the world’s leading companies

Prenuptial Agreement Utah With Infidelity Clause

This form is part of a form package!

Description

Related forms

Related legal definitions

Viewed forms

How to fill out Utah Revocation Of Premarital Or Prenuptial Agreement?

Form popularity

FAQ

Is a prenup voided if someone cheats?

Which states enforce infidelity clause?

Is a prenup valid if the spouse cheats?

What are five things that Cannot be included in a prenuptial agreement?

Can you put an infidelity clause in a prenup?

Prenuptial Agreement Utah With Infidelity Clause Related Searches

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