Can a prenup dictate that a reflection time is required before divorce?

In Utah, where I practice divorce law, the law governing what content is permitted in prenuptial agreements is fairly simple and thus fairly broad:

30-8-4. 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.

So could a prenuptial agreement contain a provision that requires a reasonable “reflection period” or “cooling off period” before either spouse could file a complaint for divorce? I would think that it almost certainly could without such a provision constituting a prohibited “violation of public policy”.

Utah Family Law, LC | | 801-466-9277

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