If you’re thinking about a prenuptial agreement in Utah–good for you! It’s a smart way to protect your assets while also aligning yourself with your future spouse. The first question you might be thinking to yourself is, “Do I need a prenup attorney in Utah?” It’s a valid question! There are a lot of misconceptions out there about whether hiring a lawyer is required. The truth is, you don’t have to hire an attorney to create a valid prenuptial agreement in Utah, but having one can significantly boost the enforceability and fairness of your contract. Let’s break down everything you need to know about the lawyer requirement in Utah.
Are lawyers required for valid prenups in Utah?
No, a lawyer is not required to create a valid and enforceable prenuptial agreement in the state of Utah. However, if the agreement is ever challenged, the court may consider whether or not the parties were represented by counsel in determining the enforceability of the agreement. This may be one of many factors that the court looks at in determining whether to set aside the agreement. For example, in the court case Levin v. Carlton (2009), the judge emphasized that both parties were independently represented by counsel, which helped in upholding the agreement against claims of unfairness or coercion. Bottom line? Hiring a lawyer in Utah is not required for your prenuptial agreement, but it can help with the enforceability.
Can just one person hire a lawyer for the prenup?
It is possible for a prenuptial agreement to be upheld where only one fiancé had a lawyer. However, the court may still consider the fact that one person didn’t have legal advice as part of the analysis in determining whether to throw out the agreement. For example, if one spouse overly pressured the other spouse to sign the agreement by threatening them or presenting it too close to the wedding day so as not to allow them to hire a lawyer or if there is other evidence of fraud/duress, the court may evaluate the fact that there was one party unrepresented and use that factor, along with the other factors to deem it unenforceable.
Can we share a lawyer?
No—this is against legal ethics as it does not allow the lawyer to zealously advocate for their client. If one lawyer is representing two parties to the same contract where the parties have opposing interests, it is too difficult to ensure both parties’ needs are met. For example, if one person would benefit from a lump sum payment clause and the other person would not benefit from this clause, it would be difficult for the attorney to legally advise both parties at once without favoring one person. Bottom line? You cannot legally share a lawyer for a prenuptial agreement, the attorney should only represent or advise one person to the contract.
Can one person pay the legal fees for the other person’s prenup lawyer?
Yes, as long as the person receiving financial assistance is able to choose their own lawyer and not pressured into signing the agreement. For example, if the person paying the prenup fees restricts their fiancé from choosing their own lawyer and insists on one specific attorney, that may be grounds for negating the representation altogether and could lead to getting it thrown out. For example, if John wants his bride Mary to hire a prenup lawyer to increase the odds of enforceability of the agreement, but only wants Mary to hire his best friend Sam (to ensure that he gets what he wants out of the agreement), then this is clearly a problem and will not be tolerated by a court. Bottom line? It is okay if one party pays for their partner’s prenup legal fees, but they must be able to choose their lawyer and not be coerced into one particular attorney.
Can I write my own prenup in Utah and have it notarized?
Yes, it is possible for a prenup to be enforced even when there aren’t attorneys representing either party. The prenup still has to follow the legal requirements laid out by the Utah Premarital Agreement Act (UT Code § 81-3-201 et seq). If you write your own prenuptial agreement, you can also get it notarized (though this is not a requirement under the Utah Code). Getting your prenup notarized can help add an extra layer of protection and show the courts that both parties signed the agreement and knew what they were signing was a prenup.
The bottom line on the prenup lawyer requirement in Utah
You don’t need to hire a lawyer in Utah for a valid prenuptial agreement, but you should consider one anyway to increase the chances of enforceability, ensure your needs are met in the agreement, and answer any of your legal questions. In addition, you should not share one attorney, though if only one of you hires a lawyer it may still be enforced, as long as there’s no evidence of fraud, coercion, or duress. With that said, prenups are amazing tools that can help protect yourself and start your marriage off on the right foot. Happy planning!
Jennifer L. Neeley serves as a trusted legal advisor, guiding families with divorce and family law matters in Utah for nearly two decades. Jennifer is known for her expertise in divorce litigation as well as mediation and pre-filing settlements. With strong negotiation skills and meticulous attention to detail, she excels at anticipating potential challenges and ensures that her clients are fully informed about their legal rights and options. Her clear communication and commitment to fairness help create balanced and informed agreements.
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