From the winter sports to the national parks to Mormon history, Utah is full of interesting things to do and learn! But today we’re going to turn our attention to Utah law… that is, prenup law and Utah prenup lawyers. Getting a prenup is an important step to take before getting married, but where do you even begin? Do you need a lawyer for a prenup in Utah? What does a prenup lawyer actually do? Should I hire one? We answer all of these questions and more! Grab your skiing gear and come along with us as we teach you about all things prenups in Utah.
Do I need a lawyer for my prenup in Utah?
The short answer is no. A prenup lawyer is NOT a prerequisite to getting a valid prenuptial agreement in Utah. However, hiring a prenup lawyer can be beneficial to helping you follow the prenup laws of the state. For example, there are other requirements you have to meet to have a valid and enforceable prenup in Utah, such as putting it in writing, signing it, and providing reasonable financial disclosure. (See Utah Code Section 30-8-6 for more details). Having a lawyer can help you make sure you are meeting all of those requirements for creating a valid and enforceable prenup.
What does a Utah prenup lawyer do?
Okay, so what does a Utah prenup lawyer actually do for you? They create a prenup for you, of course! But it’s more than that. It’s answering your legal questions, providing you with best practices, negotiating on your behalf, and more. What a prenup lawyer does NOT do is prepare you for divorce. A good prenup lawyer doesn’t want to see you again (no offense), but they want you to have such a good prenup that it makes your marriage that much stronger and long-lasting. Plus, many prenup lawyers don’t even do divorces, they only do prenups. Let’s go into a little more depth on what prenup lawyers do.
Prenup lawyers give you advice
If you aren’t sure whether you want to waive spousal support or how to divide up property, a prenup lawyer can advise you. They can take the law, their experiences with other couples, and your specific situation to lay out your options and recommend the best course of action for you. For example, a lawyer may advise that you do not waive alimony in your prenup if you are a stay-at-home parent because you may not have a way to support yourself in the future if a divorce were to occur.
Prenup lawyers are experts in the law
When you hire a Utah prenup lawyer, they should be experts in prenup law. They should know what “flies” and what doesn’t “fly” in a Utah prenup. From how to execute it properly to what can and cannot go into one, your lawyer should be able to do it all!
Prenup lawyers create your prenup
This one’s obvious. Of course a prenup lawyer will create your prenup! They will use the information you provided them with to draft up an agreement that makes sense for your specific situation. What agreement you get will be much different from Joe Shmoe down the street’s agreement.
Prenup lawyers will negotiate for you
The sometimes uncomfortable but necessary part of getting a prenup may entail some negotiating with your partner. For some, this comes easy, but for others this may be awkward. Luckily, your lawyer will do the negotiating for you. Your prenup lawyer will speak directly to your partner’s lawyer and negotiate on both of your behalfs.
Prenup lawyers will answer your questions
You can ask your prenup lawyer anything your heart desires…okay, maybe not anything, but anything related to family law, for sure! Maybe you’re wondering what to do about a certain clause or maybe you’re curious as to how you would enforce your prenup one day. You can ask them anything related to prenups, marriage, divorce, and everything in between.
What are the benefits of hiring a Utah prenup lawyer in general?
Why should one consider getting a prenup lawyer if they’re technically not mandatory? Well, there’s lots of reasons! Whether you have tons of legal questions or you have complex prenup requests, a prenup lawyer may be a good idea for you. Let’s dive in.
Crafting a unique and customized prenup
Prenup lawyers can draft you up whatever you want (within the legal boundaries, of course). They can create clauses that are extremely specific to your situation that no one else has. They can craft the standard clauses in a way that fits your life and goals. The sky’s the limit!
Answering your legal questions
If you have questions about the prenup process or the law, a lawyer can answer those for you. With HelloPrenup, we cannot answer legal questions for you because we are not a law firm. That is why we partnered with attorneys across the nation to offer you legal services.
Peace of mind
Hiring a lawyer provides a level of peace of mind that is helpful to some. You can feel confident knowing your prenup lawyer created a Utah state-compliant prenup and is customized to your situation. Not only that, but your mind can rest easy knowing you have a legal expert by your side to answer any questions that pop up along the way.
How much does a prenup lawyer in Utah cost (versus HelloPrenup cost)?
Ahh, the dreaded question of how much it’ll cost. Don’t be scared! There’s cheaper alternatives to lawyers (cough, cough, HelloPrenup). But first, let’s discuss the spooky price of a Utah prenup lawyer. Well, for starters, price varies depending on certain factors. For example, what attorney are you hiring? What do your finances look like? How intricate are your needs? The answers to these questions will pretty much dictate how much your prenup costs. Let’s break it down.
Attorney’s hourly rate
Most Utah attorneys are going to charge an hourly rate for a prenup. The hourly rate will depend on where you are in Utah, but the average hourly rate for a family law attorney there is $293 per hour. The skill, experience, and accolades of the attorney will also play a factor into the hourly rate. For example, a well-accomplished, veteran prenup lawyer is going to charge more than a new grad.
The complexity of your finances
Since you now know that attorneys generally charge by the hour, you know that if an attorney has to read through your 500 page trust fund papers, that’s going to take them some time. Or maybe you have multiple businesses that need to be sifted through. Whatever the case may be, the more complex your finances are, the more time that they will spend on your case.
The intricacy of your prenup requests
If you’re envisioning a straightforward prenup, one that follows the standard ‘what’s mine is mine, what’s yours is yours’ principle, then the process may not be so time-consuming for your attorney to put together. However, when your requests involve a more intricate arrangement, like splitting assets 50/50 on one aspect, 20/80 on another, and perhaps 10/90 on something else, along with a variety of unique clauses, this may entail a higher cost. The reason behind this is that your lawyer will need more time to carefully craft an agreement that accurately reflects your specific wishes and requirements.
What are the requirements for a prenup in Utah?
Now, let’s talk about prenup laws in Utah. What does it take to create a valid and enforceable prenup in the beautiful, snowy state of Utah? Well, for one, Utah has adopted the Uniform Premarital Agreement Act (UPAA) which is a guideline and effort to create consistency across the United States in regards to prenup laws. Not every state has adopted this Act (only 28 have), but Utah is one of them! This means that the Utah prenup laws are fairly consistent to 28 other states that have adopted the UPAA in part or in whole. With that in mind, let’s dive into the particulars of Utah prenup law.
So, let’s get down to it: what makes a prenup valid and enforceable in Utah?
- Make sure the prenup is executed before the marriage (this is true in all states)
- Put the agreement in writing
- Make sure both partners sign the agreement
- Both parties should enter into the agreement voluntarily, with no fraud or force
- Both parties should provide a reasonable level of financial disclosure
- If you include a spousal support waiver that would result in one spouse to need public assistance, a court may throw out that waiver and force the person to pay support
See Utah Code Section 30-8-6 for the fine print on validity and enforceability requirements in Utah.
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Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]