Can a Prenuptial Agreement Be Legally Binding if It’s Signed After the Marriage and Before the Divorce?
I will answer this question in the context of Utah law because I practice law in Utah.
The term “prenuptial agreement” means “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” (See Utah Code § 30-8-2. Definitions)
Dictionaries define, correctly, a prenuptial agreement as an agreement a couple makes before they marry that establishes rights to property and support in the event of divorce (or death).
“Prenuptial” means before (pre) marriage (nuptial). So, a prenuptial agreement cannot be created after marriage. But there is also such a thing as a postnuptial agreement, meaning an agreement that a married couple makes after marriage that establishes rights to property and support in the event of divorce (or death). As long as the postnuptial agreement meets the legal requirements for enforceability, a married couple can enter into a postnuptial agreement in Utah.
Utah Family Law, LC | divorceutah.com | 801-466-9277
Tags: divorce law, postnuptial agreement, prenuptial agreement