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If I Agreed to Sign up a Prenup With My Billionaire Husband Does That Mean I Would Not Get Anything Not Even a Dollar?

I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to how your question could be answered in Utah, I’ll give you my opinion (this is not legal advice, but my opinion):

While it is possible that a Utah court could—in determining whether a prenuptial agreement that was intended to ensure you get nothing from your billionaire husband in the event of a divorce—rule that such a provision of the prenuptial agreement is enforceable, it is by no means guaranteed. Why?

First, there is this provision of the Utah Code governing prenuptial (premarital) agreements:

  • 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.

As you can see, § 30-8-4 provides that parties to a premarital agreement may contract with respect to 1) 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; 2) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; and 3) the modification or elimination of spousal support.

But § 30-8-6 provides:

  • 30-8-6. 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.

So, while an otherwise duly prepared premarital agreement in which you agreed to waive any claim to any of your husband’s premarital property or even any future marital property might be (and in my opinion, likely would be) enforceable against you, if the agreement provided that you waived spousal support, but would result in you becoming eligible to be a public charge (i.e., a government welfare (“public assistance”) recipient), the court, notwithstanding the terms of the agreement, could (not shall, but could) require your spouse “to provide support to the extent necessary to avoid that eligibility.”

Utah Family Law, LC | divorceutah.com | 801-466-9277

Eric Johnson’s answer to If I agreed to sign up a prenup with my billionaire husband does that mean I would not get anything not even a dollar? – Quora

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